FAMILY COURT OF AUSTRALIA
| POELS & POELS | [2020] FamCA 860 |
| FAMILY LAW – COSTS – Between parties – Where the husband was wholly unsuccessful in resisting the wife’s application for exclusive occupation – Wife’s costs of application granted at scale. |
| Family Law Act 1975 (Cth) s 117 |
| Banks & Banks (1973) NSW R233 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Dean & Dean (1977) FLC 98-213 Nada & Nettle (Costs) (2014) FLC 93-612 Phillips & Hansford [2020] FamCAFC 28 Rankin & Rankin (No. 3) [2019] FamCAFC 133 Sfakianakis & Sfakianakis [2019] FamCAFC 54 Worth & Worth and ICL (No. 2) [2019] FamCAFC 126 |
| APPLICANT: | Mr Poels |
| RESPONDENT: | Ms Poels |
| FILE NUMBER: | SYC | 8084 | of | 2019 |
| DATE DELIVERED: | 14 October 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Henderson J |
| HEARING DATE: | In Chambers |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Reeve |
| SOLICITOR FOR THE APPLICANT: | Marsdens Law Group |
| COUNSEL FOR THE RESPONDENT: | Ms Petrie |
| SOLICITOR FOR THE RESPONDENT: | Lighthouse Law Group |
Orders
The husband is pay the wife’s costs in the amount of $8,860.00 with such sum to be paid as follows:
(a) $3,003.33 being Counsel’s fees within 7 days;
(b) The remainder to be deducted from the husband’s share of the final property settlement.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Poels & Poels has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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 r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC 8084 of 2019
| Mr Poels |
Applicant
And
| Ms Poels |
Respondent
REASONS FOR JUDGMENT
This is a costs application made by the wife matter of Poels.
The wife is the respondent in the substantive proceedings for property settlement and the husband is the applicant.
The wife’s costs application follows a successful application for exclusive occupation filed by the wife on 28 April 2020 and heard on 15 May 2020. Ms Petrie of Counsel appeared for the wife and Mr Reeve appeared for the husband at the hearing.
Counsel for the wife, Ms Petrie, made an application for costs immediately following my ex tempore oral judgment on 15 May 2020 and I heard her submissions at that time.
I then made directions for the wife’s solicitors to provide to the husband’s solicitors the quantum of their costs sought within 5 days, with the husband to respond to the wife’s costs application by way of written submissions, which has been done.
I have had regard to the following in relation to this costs application:
a)Ms Petrie’s oral submissions on…
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- AGLC
- POELS & POELS [2020] FamCA 860
- Case
- [2020] FamCA 860
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was the assessment and apportionment of the wife's legal costs. Specifically, the Court needed to determine the total amount payable and the method by which the husband would satisfy this obligation.
Henderson J ordered that the husband pay the wife's costs in the sum of $8,860.00. This amount was to be paid in two parts: $3,003.33 for counsel's fees, due within seven days, and the remaining balance to be deducted from the husband's share of the final property settlement. The final form of the order was contingent upon its formal entry into the Court's records.
Orders
Orders of the court
1.
The husband is pay the wife’s costs in the amount of $8,860.00 with such sum to be paid as follows:
(a) $3,003.33 being Counsel’s fees within 7 days;
(b) The remainder to be deducted from the husband’s share of the final property settlement.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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