Phillips and Phillips (No 2)
Case
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[2011] FamCA 53
•4 February 2011
Details
AGLC
Case
Decision Date
Phillips and Phillips (No 2) [2011] FamCA 53
[2011] FamCA 53
4 February 2011
CaseChat Overview and Summary
In *Phillips and Phillips (No 2)*, Barry J of the Family Court of Australia considered an application by the Husband for security for costs. The dispute arose within the context of broader family law proceedings between the parties.
The primary legal issue before the court was whether to grant the Husband's application for security for costs, and if so, on what terms. This involved assessing the Wife's financial position and her ability to meet potential cost orders in favour of the Husband.
Barry J ordered that the Wife pay the costs of the Husband's application for security for costs on a party-and-party basis. These costs were to be deferred for six months or until the Wife sold any of the Sri Lankan properties, whichever event occurred first. The Wife was also ordered to notify the Husband's legal representatives in writing within seven days of any sale of the Sri Lankan properties.
The primary legal issue before the court was whether to grant the Husband's application for security for costs, and if so, on what terms. This involved assessing the Wife's financial position and her ability to meet potential cost orders in favour of the Husband.
Barry J ordered that the Wife pay the costs of the Husband's application for security for costs on a party-and-party basis. These costs were to be deferred for six months or until the Wife sold any of the Sri Lankan properties, whichever event occurred first. The Wife was also ordered to notify the Husband's legal representatives in writing within seven days of any sale of the Sri Lankan properties.
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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Costs
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