Paviello and Paviello and Anor (No 2)

Case

[2018] FamCA 1025

25 October 2018


Details
AGLC Case Decision Date
Paviello and Paviello and Anor (No 2) [2018] FamCA 1025 [2018] FamCA 1025 25 October 2018

CaseChat Overview and Summary

In *Paviello and Paviello and Anor (No 2)*, the husband sought an order that the wife pay his costs of opposing her application filed on 4 May 2018. The wife's application filed on the same date was also before the court, as was a costs application made by the Second Respondent in response to the wife's application. The proceedings were heard by Le Poer Trench J.

The primary legal issue before the court was whether the wife should be ordered to pay the husband's costs of opposing her application. Ancillary to this, the court had to determine the wife's application and the costs application made by the Second Respondent.

Le Poer Trench J dismissed the husband's application for costs, the wife's application, and the Second Respondent's costs application. The court made no specific pronouncements on the underlying legal principles guiding these dismissals, beyond the implicit finding that no party had established a sufficient basis to depart from the usual costs orders in relation to the dismissed applications. The final orders reflected the dismissal of all applications before the court.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Penfold v Penfold [1980] HCA 4
Penfold v Penfold [1980] HCA 4
Bilson & Geer (Costs) [2017] FamCAFC 7