PATRICE & PATRICE (COSTS)

FAMILY COURT OF AUSTRALIA

PATRICE & PATRICE (COSTS) [2010] FamCA 174

FAMILY LAW – COSTS

Family Law Act 1975 (Cth) ss 117(1), 117(2), 117(2A)
Family Law Rules 2004 (Cth) Chapter 13 Rule 13.01

APPLICANT: Ms Patrice

RESPONDENT: Mr Patrice

FILE NUMBER: CAC 1076 of 2008

DATE DELIVERED: 22 February 2010

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Faulks DCJ

HEARING DATE: 22 February 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr D. Farrar

SOLICITOR FOR THE APPLICANT: Farrar Gesini & Dunn

COUNSEL FOR THE RESPONDENT: Mr R. Maurice

SOLICITOR FOR THE RESPONDENT: KJB Law

Orders

1. The husband will pay to the wife the sum of $6,500 as to the costs of the proceedings between them in relation to the division of property.

2. Such sum will be paid on or before 22 March 2010.

3. All existing matters are otherwise removed from the pending cases list.

IT IS NOTED that publication of this judgment under the pseudonym Patrice & Patrice is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER:  CAC 1076 of 2008

MS PATRICE

Applicant

And

MR PATRICE

Respondent

REASONS FOR JUDGMENT

Introduction

1. In these proceedings, the applicant seeks an order as to costs, following on from proceedings before the Court for alteration of property interests of the parties.[1]

   [1] For which judgment was delivered on 20 May 2009 – Patrice & Patrice [2009] FamCA 669.

2. Mr Farrar submits today on behalf of the wife[2] that there are five discrete circumstances justifying a costs order.  Initially, it was not apparent from the form of the application that it was so confined.  Mr Farrar provided me with a summary of argument or submissions, and I was also assisted by some comprehensive submissions from Mr Maurice on behalf of the respondent.   

   [2] In the course of this judgment I might refer, from time to time, to the parties as husband and wife.  I do not intend any insult to either of the parties in doing so.  I am aware of the fact that they are not longer husband and wife.

Relevant law

1. The proceedings are brought pursuant to s 117(2) of the Family Law Act 1975 (Cth). The starting position in relation to any cost application is that each of the parties should be obliged to meet his or her own costs.[3] 

   [3] Family Law Act 1975 (Cth) s 117(1).

2. Section 117(2) of the Family Law Act 1975 (Cth) provides that:

   If, in proceedings under this Act, the court is of opinion that there are circumstances that justify it in doing so, the court may, subject to subsections (2A), (4) and (5) and the applicable Rules of Court, make such order as to costs and security for costs, whether by way of interlocutory order or otherwise, as the court considers just.

3. The Court is not obliged to make, as it would be in an ordinary common law matter, an order for costs, but an order, in the circumstances, as…