Percell and Mulroy and Anor
Case
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[2018] FamCA 683
•30 July 2018
Details
AGLC
Case
Decision Date
Percell and Mulroy and Anor [2018] FamCA 683
[2018] FamCA 683
30 July 2018
CaseChat Overview and Summary
In the matter of *Percell and Mulroy and Anor*, Johnston J of the court considered an application concerning child support proceedings. The applicant, Mr Percell, did not appear before the court. The proceedings also involved an intervener and Ms Mulroy, with whom Central Coast Family Law had entered into a deed.
The legal issues before the court included whether to dismiss the father's application as set out in his amended application filed on 2 September 2016. Additionally, the court was required to determine the assignment of rights in a costs order and its subsequent assessment between Ms Mulroy and Central Coast Family Law, and to vary a prior costs order to reflect this assignment.
Johnston J dismissed the father's application. By consent between Ms Mulroy and Central Coast Family Law, the court declared that Ms Mulroy had assigned all her rights in a costs order made on 14 April 2015 and its assessment on 18 October 2017 to Central Coast Family Law, pursuant to a deed dated 22 December 2015. Consequently, the court varied the costs order of 18 October 2017 to substitute "Central Coast Family Law" for "Ms Mulroy" as the recipient of the assessed costs, which amounted to $40,873.81. The court also noted that the intervener would release a sum of $7,331.90 to Ms Mulroy and that Ms Mulroy and the intervener released each other from all claims, subject to the terms of the orders.
The legal issues before the court included whether to dismiss the father's application as set out in his amended application filed on 2 September 2016. Additionally, the court was required to determine the assignment of rights in a costs order and its subsequent assessment between Ms Mulroy and Central Coast Family Law, and to vary a prior costs order to reflect this assignment.
Johnston J dismissed the father's application. By consent between Ms Mulroy and Central Coast Family Law, the court declared that Ms Mulroy had assigned all her rights in a costs order made on 14 April 2015 and its assessment on 18 October 2017 to Central Coast Family Law, pursuant to a deed dated 22 December 2015. Consequently, the court varied the costs order of 18 October 2017 to substitute "Central Coast Family Law" for "Ms Mulroy" as the recipient of the assessed costs, which amounted to $40,873.81. The court also noted that the intervener would release a sum of $7,331.90 to Ms Mulroy and that Ms Mulroy and the intervener released each other from all claims, subject to the terms of the orders.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Consent
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Costs
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Remedies
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