Peters and Maric
Case
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[2011] FamCA 465
•21 March 2011
Details
AGLC
Case
Decision Date
Peters and Maric [2011] FamCA 465
[2011] FamCA 465
21 March 2011
CaseChat Overview and Summary
In *Peters and Maric*, heard by Cronin J, the dispute concerned the payment of interest and costs following earlier proceedings. The applicant sought an order for the respondent to pay specific amounts of interest, and for costs to be awarded on different bases depending on the period.
The court was required to determine whether the respondent should pay the applicant interest in the amounts of $1265.66 and $1839.12. Additionally, the court had to decide the appropriate basis for awarding the applicant's costs, specifically whether costs should be on the ordinary scale or an indemnity basis for different periods of the litigation, and whether it was reasonable to engage counsel for certain hearings.
Cronin J ordered that the respondent pay the applicant a total of $3104.78 in interest within 14 days. The court further ordered that the respondent pay the applicant's costs from 9 August 2010 up to and including 14 March 2011 on the ordinary scale, to be fixed by the Registrar. For the period from 15 March 2011 onwards, the respondent was ordered to pay the applicant's costs on an indemnity basis, with a certification that it was reasonable for the applicant to engage counsel and have an instructing solicitor present for the hearing. However, these indemnity costs were not to include the preparation of the application filed on 15 March 2011 and its accompanying affidavit. The application filed on 15 March 2011 was otherwise dismissed.
The court was required to determine whether the respondent should pay the applicant interest in the amounts of $1265.66 and $1839.12. Additionally, the court had to decide the appropriate basis for awarding the applicant's costs, specifically whether costs should be on the ordinary scale or an indemnity basis for different periods of the litigation, and whether it was reasonable to engage counsel for certain hearings.
Cronin J ordered that the respondent pay the applicant a total of $3104.78 in interest within 14 days. The court further ordered that the respondent pay the applicant's costs from 9 August 2010 up to and including 14 March 2011 on the ordinary scale, to be fixed by the Registrar. For the period from 15 March 2011 onwards, the respondent was ordered to pay the applicant's costs on an indemnity basis, with a certification that it was reasonable for the applicant to engage counsel and have an instructing solicitor present for the hearing. However, these indemnity costs were not to include the preparation of the application filed on 15 March 2011 and its accompanying affidavit. The application filed on 15 March 2011 was otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Remedies
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Appeal
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Citations
Peters and Maric [2011] FamCA 465
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