Ralph and Medlock (No 2)

[2014] FamCA 655

FAMILY COURT OF AUSTRALIA

RALPH & MEDLOCK (NO 2) [2014] FamCA 655

FAMILY LAW – COSTS – where the mother made an application for costs – where the father’s financial position is poor – where the mother seeks an alternative order that the father’s partner, a non-party, pay costs – where the Court has jurisdiction to make a costs order against a non-party – where an Order for costs is not made – application dismissed.

Family Law Act 1975 (Cth)

Batey-Elton & Elton (Costs) [2010] FamCAFC 219

APPLICANT: Mr Ralph

RESPONDENT: Ms Medlock

INDEPENDENT CHILDREN’S LAWYER: Barbara Fox

FILE NUMBER: BRC 6966 of 2009

DATE DELIVERED: 14 August 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Forrest J

HEARING DATE: Submissions filed 19 May and 10 June 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Mr Stevenson

A Ace Solicitors

SOLICITOR FOR THE RESPONDENT: Mr Holloway
Holloway Jenkins

Orders

1. The Mother’s Application for costs filed 24 April 2014 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Ralph & Medlock has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 6966 of 2009

Mr Ralph

Applicant

And

Ms Medlock

Respondent

REASONS FOR JUDGMENT

1. In March this year, over five days, I presided at a trial of competing parenting orders and property adjustment applications. The parties to the proceedings were the father and the mother of the subject child and an Independent Children’s Lawyer. I pronounced orders and delivered written reasons for judgment on 28 March 2014.

1. Sole parental responsibility for the child was conferred on the mother and orders made that the child live with the mother and not spend any time with, nor communicate with, the father. The property adjustment orders provided for the mother to pay to the father $12,209.11, effectively to discharge his then current debt to the Child Support Agency in respect of the child support assessment pertaining to the subject child. Otherwise pursuant to those orders, the father was to transfer his interest in a real property to the mother, she was to refinance the mortgage debt on it and to indemnify him in respect of all other debts owed by them, each is to retain their own accumulated superannuation interests and some other items of property. 

2. On 24 April, 2014, an application was made by the mother for orders that the father and/or his current wife pay the mother’s costs of and incidental to the proceedings as set out in the mother’s submissions. A timetable for the filing of written submissions was then set by me, pursuant to which written submissions were received from each of the mother and the father.

3. In the mother’s written submissions, it is made clear that the mother seeks an order that her costs “as agreed or fixed at $89,348” be paid by the father and/or his partner. An amount of $51,950 is sought as…