FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Paige & Tzu (No 2) [2023] FedCFamC1F 340
File number: MLC 9235 of 2022 Judgment of: WILLIAMS J Date of judgment: 5 May 2023 Catchwords: FAMILY LAW – COSTS – Application for child to be placed on watch list after the mother travelled with the child overseas in breach of final consent orders – Application for costs – Consideration of relevant principles under s 117 provisions – indemnity costs – mother ordered to pay father’s costs on a party/party basis Legislation: Family Law Act 1975 (Cth) ss 60CC, 117 Cases cited: Buckley & Buckley [2013] FamCAFC 150
In the Marriage of I & I (No 2) (1995) 22 Fam LR 557
Lenova & Lenova (Costs) [2011] FamCAFC 141
Worth & Worth (No.2) [2019] FamCAFC 126
Division: Division 1 First Instance Number of paragraphs: 69 Date of hearing: 28 March 2023 Place: Melbourne Counsel for the Applicant: Ms Bastick Solicitor for the Applicant: Cahill & Rowe Family Law Solicitor for the Respondents: Litigant in person Counsel for the Respondents: Ms Mariole Solicitor for the Respondents: Coulter Legal ORDERS
MLC 9235 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR PAIGE
Applicant
AND: MS TZU
First Respondent
MR B PAIGE
Second Respondent
MS C PAIGE
Third Respondent
order made by:
WILLIAMS J
DATE OF ORDER:
5 MAY 2023
THE COURT ORDERS THAT:
1.The mother’s oral application for the discharge of order 3 of the Orders made by the Hon. Justice Christie on 10 March 2023 (placing the child X born 2018 on the watch list) is dismissed.
2.Order 1 & 2 of the Orders made by the Hon. Justice Christie on 10 March 2023 are discharged.
3.The mother pay the father’s costs and disbursements of and incidental to the father’s Initiating Application filed 28 March 2023 on a party/party basis fixed at $11,646.
4.The mother pay the costs referred to in paragraph 3 hereof to the father’s solicitors on his behalf, contemporaneously with the settlement of the sale of the property situated at F Street Suburb G, or in the event the settlement has occurred, within 7 days of these orders.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Paige & Tzu has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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CaseChat Overview and Summary
The legal issues that the Court had to decide upon included whether the mother's breach of the parenting orders warranted the continuation of the Airport Watch List for the child and whether the mother should bear the financial burden of the costs incurred by the father and paternal grandparents due to her actions. The Court also had to determine the appropriate quantum of costs to be awarded to the father.
After considering all the factors and evidence presented, the Court ruled that the mother's conduct was a breach of the orders, but the child was returned to Australia after a few days. The Court also noted that the mother had a modest financial position, even after receiving her share of the proceeds from the sale of a property. The Court decided not to order indemnity costs against the mother, but instead opted to order the mother to pay the father's costs on a party/party basis. The Court fixed the father's costs at $11,464, which is the midpoint of the estimated costs range, and ordered that these costs be paid contemporaneously with the settlement of the sale of the property or within 7 days of these orders.
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