FAMILY COURT OF AUSTRALIA
| QUINN & WALT | [2019] FamCA 15 |
| FAMILY LAW – COSTS – Application for costs sought by the Applicant against the Respondent where the Respondent has been wholly unsuccessful in her Application for property adjustment – where the Court is satisfied circumstances exist to justify an order for costs – order made for the Respondent to contribute to the costs of the Applicant. |
| Family Law Act 1975, ss.117 |
| Walt & Quinn [2018] FamCA 855 |
| APPLICANT: | Mr Quinn |
| RESPONDENT: | Ms Walt |
| FILE NUMBER: | MLC | 508 | of | 2018 |
| DATE DELIVERED: | 21 January 2019 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Baumann J |
| HEARING DATE: | By written submissions |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Jenkinson |
| SOLICITOR FOR THE APPLICANT: | Lawyers By The Bay |
| SOLICITOR FOR THE RESPONDENT: | Moreheads Lawyers |
Orders
That within fourteen (14) days of the date of these Orders each party shall file and serve any further submissions as to the quantum of costs.
That in the event no further submissions are filed in accordance with Order 1 hereof, an order shall issue from chambers that the Respondent contribute the sum of $20,000 to the costs of the Applicant within ninety (90) days.
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 Quinn & Walt 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 BRISBANE |
FILE NUMBER: MLC 508 of 2018
| Mr Quinn |
Applicant
And
| Ms Walt |
Respondent
REASONS FOR JUDGMENT
Introduction
On 26 October 2018 the Court delivered Reasons for its order that dismissed an Application by Ms Walt against Mr Quinn, seeking a declaration that the parties were in a de facto relationship for nearly 18 years (see Walt & Quinn [2018] FamCA 855).
As a result of the dismissal, Mr Quinn (hereafter called the “Applicant”) seeks an order for costs against Ms Walt (hereafter called the “Respondent”) on:
a)an indemnity basis totalling $36,635.59; or
b)an indemnity basis for the period commencing 29 June 2018, when an offer of settlement was made; or
c)alternately, on a party and party basis as agreed or taxed.
The Respondent opposes any order for costs and says the general rule in s.117(1) of the Family Law Act 1975 (“the Act”) should apply.
The principles to be applied in respect of costs is not controversial. Whilst the general rule is that each party shall pay their own costs of proceedings, if the Court is satisfied, after consideration of factors set out in s.117(2A) of the Act, that circumstances exist to justify an order for…
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- AGLC
- QUINN & WALT [2019] FamCA 15
- Case
- [2019] FamCA 15
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the assessment of the quantum of costs. Specifically, the court needed to determine the amount the respondent should contribute to the applicant's legal costs, in circumstances where no further submissions were to be filed by the parties.
Baumann J made orders that provided a framework for the finalisation of the costs. The court directed that each party had fourteen days to file and serve any further submissions regarding the quantum of costs. In the absence of such submissions, the court stipulated that an order would issue from chambers requiring the respondent to contribute $20,000 to the applicant's costs within ninety days. This approach allowed for party input on the quantum but also provided a definitive outcome if no further submissions were forthcoming.
Orders
Orders of the court
1.
That within fourteen (14) days of the date of these Orders each party shall file and serve any further submissions as to the quantum of costs.
2.
That in the event no further submissions are filed in accordance with Order 1 hereof, an order shall issue from chambers that the Respondent contribute the sum of $20,000 to the costs of the Applicant within ninety (90) days.
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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