Pryor and Judd

[2017] FamCA 55

FAMILY COURT OF AUSTRALIA

PRYOR & JUDD [2017] FamCA 55

FAMILY LAW – COSTS – Between parties – Where the mother filed all relevant material whereas the father had filed none by the first day of trial – Where the mother has the full time care of the subject child – Where the mother did not have the benefit of a grant of Legal Aid –Where the father or his new partner have not complied with previous orders – Where the mother is entirely successful with her application and the father entirely unsuccessful – Ordered the father pay 50 per cent of the mother’s costs of final hearing

Family Law Act 1975 (Cth), ss 68B, 117

APPLICANT: Ms Pryor

RESPONDENT: Mr Judd

FILE NUMBER: (P)NCC 3004 of 2014

DATE DELIVERED: 9 February 2017

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Cleary J

HEARING DATE: 22 & 23 August 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT:	Mr Bithrey
SOLICITOR FOR THE APPLICANT:	Powe & White Family Lawyers

THE RESPONDENT: In person on the first day and no appearance thereafter

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:	Ms Carty
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:	Krstina Wooi

Orders

1. The Respondent father pay to the Applicant mother within three months of the date of these Orders 50 per cent of her costs of final hearing as agreed or assessed.

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 Pryor & Judd 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 NEWCASTLE

FILE NUMBER: (P)NCC3004/2014

Ms Pryor

Applicant

And

Mr Judd

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application by the Applicant Ms Pryor for the costs of final hearing to be paid by the Respondent Mr Judd.

2. The Application for Costs was contained in the Amended Initiating Application of the Applicant mother filed 21 December 2015.

3. The final hearing commenced on 22 August 2016 and was concluded within two days.  Four days had been allocated for the final hearing.

4. Orders and Reasons for Judgment were delivered on 28 September 2016.

5. The Respondent father participated briefly in the proceedings on the afternoon of the first day.  The matter otherwise proceeded undefended.

6. In those circumstances an Order was made[1] that the father file within 28 days any written Response on which he relied to the Application by the mother for her costs.  There was nothing filed in accordance with these orders or at all.

   [1] Order 6 of the Orders made 28 September 2016

7. The proceedings related to parenting arrangements for…