Pearson & Pearson

[2020] FamCA 329

FAMILY COURT OF AUSTRALIA

PEARSON & PEARSON [2020] FamCA 329

FAMILY LAW – COSTS – Indemnity Costs – Where an application was made by wife seeking a costs order that the husband pay her costs of and incidental to the Initiating Application filed by the husband on 30 December 2015 on an indemnity basis such costs to be paid by way of a lump sum in the amount of $136,577.52 – Where the wife sought in satisfaction of such order that the husband transfer to her his half interest in a vacant block of land and pay to her the difference between the sum of $136,577.52 and the value of his half interest in the vacant block of land.

FAMILY LAW – COSTS – Indemnity Costs - Where in the alternative the wife sought an order that the husband pay her costs on an indemnity basis as assessed and that the husband be solely liable for all costs of that assessment.

FAMILY LAW – COSTS – Where costs were awarded on an indemnity basis in favour of the wife in a fixed sum.

Family Law Act 1975 (Cth) s 117

PBF as Child Representative for AF (Legal Aid Commission of Tasmania) & Ors [2005] FamCA 158
Cachia v Hanes (1994) 179 CLR 403
Worth & Worth (No.2) [2019] FamCA 126
Prantage v Prantage (2013) FLC 93-544
Catlin & Catlin (2018) FamCA 235
Pierson & Romilly [2020] FamCAFC 91
Turvey v Crotti (No 3) [2020] NSWSC 346

APPLICANT: Ms Pearson

RESPONDENT: Mr Pearson

FILE NUMBER: SYC 8557 of 2015

DATE DELIVERED: 6 May 2020

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart in Chambers

JUDGMENT OF: Benjamin J

HEARING DATE: 27 March 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT:

SOLICITOR FOR THE APPLICANT: Russell Kennedy Aitken Lawyers

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: Marsden Law Group

Orders

1. Within thirty (30) days of the date of this order the husband shall pay $136,577.52 to the wife being her legal costs of and incidental to these proceedings on an indemnity basis.

2. All other extant applications are dismissed.

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 Pearson & Pearson 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 HOBART

FILE NUMBER: SYC 8557 of 2015

Ms Pearson

Applicant

And

Mr Pearson

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. This is a costs application following a defended hearing before me in 2019.

2. A three day hearing arose following Mr Pearson (‘the husband’) making an application to set aside consent property orders which…