Pompidou & Pompidou (No. 2)

Case

[2007] FamCA 1357

19 November 2007


Details
AGLC Case Decision Date
Pompidou & Pompidou (No. 2) [2007] FamCA 1357 [2007] FamCA 1357 19 November 2007

CaseChat Overview and Summary

In *Pompidou & Pompidou (No. 2)*, Brown J of the Family Court of Australia considered an application by the wife for costs. The dispute concerned the wife's application filed on 16 August 2005 and the subsequent filing of a costs submission on 14 October 2007.

The primary legal issue before the court was the determination of the husband's liability for the wife's costs, including the basis upon which those costs should be assessed and the procedure for dealing with any objections to the itemised accounts. The court was required to consider the application of the *Family Law Rules 2004* to the wife's claim for costs.

Brown J ordered that the husband pay the wife's costs on a solicitor/client basis. The itemised accounts provided by the wife were deemed to be valid for the purposes of the *Family Law Rules 2004*. The court established a clear procedure for the husband to object to any aspects of the itemised costs account, requiring written notice to the registrar and the wife's solicitors, and the payment of a sum as security for the costs of assessment. If no objection was raised within 21 days, the costs were fixed at $28,125.90, payable by 1 February 2008. If an objection was made, the registrar was directed to schedule an assessment hearing. The order also specified the method of service on the husband.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

  • Res Judicata

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