Pickering and Pickering (No 4)

[2010] FamCA 981

FAMILY COURT OF AUSTRALIA

PICKERING & PICKERING (NO. 4) [2010] FamCA 981

FAMILLY LAW – COSTS – where the father has filed numerous contravention applications –where the mother has incurred significant solicitor’s costs and counsel fees – where the father’s lack of preparation resulted in the waste of half a day of the scheduled Court hearing – where the father has been wholly unsuccessful in the proceedings – orders that the father pays part of the mother’s legal costs

Family Law Act 1975 (Cth) ss 70NCA, 70NCB &117

APPLICANT: Ms Pickering

RESPONDENT: Mr Pickering

FILE NUMBER: ADF 1919 of 2005

DATE DELIVERED: 29 October 2010

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE: 29 October 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Eid

SOLICITOR FOR THE APPLICANT: Nicholls Gervasi & Co

COUNSEL FOR THE RESPONDENT: In Person

SOLICITOR FOR THE RESPONDENT:

Orders

1. The husband pay the wife’s costs fixed in the sum of TWO THOUSAND DOLLARS [$2,000.00] payable ONE THOUSAND DOLLARS [$1,000.00] within three [3] months from today and the balance of ONE THOUSAND DOLLARS [$1,000.00] within six [6] months from today.

IT IS NOTED that publication of this judgment under the pseudonym Pickering & Pickering is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADF 1919 of 2005

MS PICKERING

Applicant

And

MR PICKERING

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. This is an application by the mother for an order for costs in relation to the contravention proceedings which I have heard this week.  Section 70NCA applies in this case and the provisions, therefore, of section 70NCB in relation to costs apply.  Section 70NCB(1) says:

   “The Court may make an order that the person who brought the proceedings pay some or all of the costs of another party or other parties to the proceedings.”

2. That section applies where there was a contravention alleged and the Court does not find that the respondent committed the contravention of the primary order.  Those facts apply in this case, as I have heard and dismissed the contravention proceedings or upon the contravention proceedings commencing, the father has withdrawn those contraventions. 

3. I accept the submissions on behalf of the mother that she has incurred significant solicitor’s costs and counsel fees in attendance in preparation for the matter being listed before me.  The matter was listed before me to commence on Wednesday and to proceed on Thursday and, if necessary, to conclude today.

4. Significant in the matter is that when the matter was in the process of being heard by me on Wednesday, the father indicated that he had not made any arrangements for the care of his daughter and was therefore required to leave the Court at 2.15 pm in order to collect her from school.  That meant that the Court was, therefore, adjourned for the afternoon.  The matter has, therefore, continued on into this morning, which would not otherwise have been the case.  That is a significant factor…