Oakes and Sheffield

[2013] FamCA 1001

FAMILY COURT OF AUSTRALIA

OAKES & SHEFFIELD [2013] FamCA 1001

FAMILY LAW – COSTS – Application by mother for costs of substantive proceedings and costs of costs application – Order that father pay the mother’s costs of counsel at the substantive proceedings on 4, 6, 7 and 8 February 2013 – Mother’s application for costs of costs application dismissed.

Family Law Act 1975 (Cth) ss 117 and 117(2A)

Pencious & Searle (formerly Pencious) [2013] FamCA 754
Prantage & Prantage [2013] Fam CAFC 105

APPLICANT: Ms Oakes

RESPONDENT: Mr Sheffield

FILE NUMBER: HBC 97 of 2007

DATE DELIVERED: 18 December 2013

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart

JUDGMENT OF: Benjamin J

HEARING DATE: 28 November 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Mason on direct brief

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Mr T FitzGerald

SOLICITOR FOR THE RESPONDENT: FitzGerald & Browne

Orders

1. That the father, Mr Sheffield, pay the costs of the mother, Ms Oakes in respect of the attendance of her counsel at the hearing of the substantive proceedings on 4, 6, 7 and 8 February 2013. Such costs to be determined by agreement between the parties, or if the parties are unable to agree, as determined under the Family Law Rules 2004 and such costs are to be assessed on a party and party basis.

2. All other costs applications, including that of the costs of the costs application, are dismissed.

3. That the consent injunctive order made on 14 May 2012, and as extended or varied subsequent to that time requiring the retention of the sum of $30,000 in the trust account of FitzGerald and Browne, is discharged as and from fourteen (14) days from the date of this order.

4. All extant applications are otherwise dismissed.

IT IS CERTIFIED

1. Pursuant to Rule 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend.

IT IS NOTED that publication of this judgment by this Court under the pseudonym & Oakes& Sheffield has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT HOBART

FILE NUMBER: HBC 97 of 2007

Ms Oakes

Applicant

And

Mr Sheffield

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. Mr Sheffield (‘the father’) and Ms Oakes (‘the mother’) have been arguing over parenting arrangements for their children for many years.  On 26 March 2013, after a hearing which commenced in March 2012 and where the evidence concluded in February 2013, orders were made including an order that a child of the parties, S, live with the mother and various other orders.  Arising from that determination was an application for costs by the mother.  

2. The mother filed an application in a case on 22 February 2013, and at the commencement of the costs hearing her counsel said that the costs applications fell into a number of areas:-

   (a)the mother sought the costs of the parenting proceeding as and from 23 August 2011;

   (b)that such costs ought to be determined on an…