Peterson & Davis

[2021] FamCA 115

FAMILY COURT OF AUSTRALIA

Peterson & Davis [2021] FamCA 115

File number(s):

PAC 1208 of 2016

Judgment of:

FOSTER J

Date of judgment:

12 March 2021

Catchwords:

FAMILY LAW – COSTS – Where application for costs arising from dismissal of application for the appointment of a case guardian – Where discussion of applicable principles – Where order for costs made.  

Legislation:

Family Law Act 1975 (Cth) s 117

Family Law Rules 2004 (Cth) r 19.18

Cases cited:

Beach Petroleum NL v Johnson (No 2) (1995) 135 ALR 160

Bele & Vaughan (Costs) [2012] FamCAFC 198

Collins and Collins (1985) FLC 91-603

Greedy and Greedy (1982) FLC 91-250

Hawkins & Roe [2012] FamCAFC 77

Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23

Luadaka v Luadaka (1998) FLC 92-830

Parke & the Estate of the Late A Parke (2016) FLC 93 748

Penfold v Penfold (1980) 144 CLR 311

Peterson & Davis and Ors [2020] FamCA 723

Phillips & Hansford [2020] FamCAFC 28; (2020) FLC 93-941

Number of paragraphs:

32

Date of last submission/s:

3 December 2020

Date of hearing:

17 November 2020

Place:

Parramatta

Counsel for the Applicant:

Mr George

Solicitor for the Applicant:

Williamson & Learmonth Solicitors

Solicitor for the First Respondent:

Adams & Partners Lawyers

Counsel for the Second Respondent:

Mr Eardley

Solicitor for the Second Respondent:

Mercantile Legal Services

Counsel for the Third and Fourth Respondents:

Mr Allen

Solicitor for the Third and Fourth Respondents:

McEvoy Legal

ORDERS

PAC 1208 of 2016

BETWEEN:

MS PETERSON

Applicant

AND:

MR DAVIS

First Respondent

MR CUSSON

Second Respondent

MR B DAVIS (and other named in the Schedule)

Third Respondent

ORDER MADE BY:	FOSTER J
DATE OF ORDER:	12 MARCH 2021

THE COURT ORDERS THAT:

1.The first respondent pay the second respondent’s costs of and incidental to the Application in a Case filed by the first respondent on 16 September 2020 in the sum of $7,500.

2.Such costs be a charge as against the first respondent’s interest in the proceeds of sale of the property situate at C Street, Suburb B, New South Wales.

Note:   The form of the order is subject to the entry in the Court’s records.

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 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Peterson & Davis has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

FOSTER J:

1. In long-standing proceedings relating to both final property and parenting, trial directions to proceed those issues to final hearing were made on 24 May 2018.

2. Proceedings were initially listed for a compliance check before a registrar on 26 July 2018 on which date the parties had not complied with trial directions and proceedings…