Owens and Benson

[2016] FamCA 932

FAMILY COURT OF AUSTRALIA

OWENS & BENSON [2016] FamCA 932

FAMILY LAW – PRACTICE AND PROCEDURE – Review of Registrar’s decision – Where the Registrar granted an extension of time to the respondent to serve an itemised costs account – Where the delay is adequately explained – Where to not grant the extension of time would deprive the respondent of the benefit of a costs order made by the Full Court – Application dismissed – Order made granting an extension of time.

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth) rr 1.41(1), 18.08, 18.10 19.21, 22.53(4)

Crawford & Crawford [2008] FamCAFC 30
Ettich & Ettich [2007] FamCA 1656
Greetham & Greetham [2010] FamCA 246

APPLICANT: Ms Owens

RESPONDENT: Mr Benson

FILE NUMBER: SYC 1552 of 2011

DATE DELIVERED: 4 November 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: McClelland J

HEARING DATE: In chambers by way of written submissions

REPRESENTATION

FOR THE APPLICANT: Ms Owens on her own behalf

SOLICITOR FOR THE RESPONDENT: Mr Etherington of Etheringtons Solicitors

Orders

1. The Application in a Case filed 23 December 2015 is dismissed.

2. The time for the applicant, Mr Benson, to serve an itemised costs account on the respondent, Ms Owens, in respect of costs claimed pursuant to the order of the Full Court in EA114/2013 on 22 December 2014 is extended to close of business on 11 November 2016.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1552  of 2011

Ms Owens

Applicant

And

Mr Benson

Respondent

REASONS FOR JUDGMENT

Introduction

1. This matter concerns an Application for Review pursuant to r 18.08 of the Family Law Rules 2004 (Cth) (“the Rules”), seeking a review of Order 3 of orders made by Registrar McNamara on 25 November 2015. Order 3 reads:

   3. That the time for the Applicant to serve an Itemised Costs Account on the Respondent in respect of the costs claimed pursuant to the order of the Full Court in EA114/2013 on 22 December 2014 is extended to 2 December 2015.

2. The costs order, referred to by Registrar McNamara, arose from an appeal filed by Ms Owens (“the applicant”) against a declaration made by Judge Walker on 19 July 2013 that a de facto relationship existed between the applicant and Mr Benson (“the respondent”) from January 2005 until January 2010. That declaration was made pursuant to s 90RD of the Family Law Act 1975 (Cth) (“the Act”).