FAMILY COURT OF AUSTRALIA
| RANKIN & RANKIN (NO. 3) | [2019] FamCAFC 133 |
| FAMILY LAW – COSTS – RE-INSTATEMENT – APPLICATION FOR LEAVE TO APPEAL – Where the appellant’s application for leave to appeal was wholly unsuccessful – Where the respondent sought fixed indemnity costs or, in the alternative, fixed party/party costs in relation to the failed application for leave to appeal – Where the respondent also sought the quantum of costs under an interlocutory order be fixed – Where the appellant agrees to pay a fixed amount to the respondent for costs under the interlocutory order – Consideration of ss 117(1) and 117(2A) of the Family Law Act 1975 (Cth) – Application for indemnity costs dismissed – Costs ordered in favour of the respondent on a party/party basis in a fixed amount. |
| Child Support (Assessment) Act 1989 (Cth) Pt. 7, div 4 Family Law Rules 2004 (Cth) r 19.18(1)(a) |
| Beach Petroleum NL v Johnson (No. 2) (1995) 57 FCR 119; [1995] FCA 1250 Graham & Squibb (2019) FLC 93-892; [2019] FamCAFC 33 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Moorcroft & Moorcroft [2017] FamCAFC 147 Rankin & Rankin [2019] FamCAFC 52 SCVG & KLD [2017] FamCAFC 95 Yunghanns v Yunghanns (2000) FLC 93-029; [2000] FamCA 681 |
| APPELLANT: | Mr Rankin |
| RESPONDENT: | Ms Rankin |
| FILE NUMBER: | DGC | 2859 | of | 2013 |
| APPEAL NUMBER: | SOA | 33 | of | 2018 |
| DATE DELIVERED: | 8 August 2019 |
| PLACE DELIVERED: | Newcastle |
| PLACE HEARD: | In chambers |
| JUDGMENT OF: | Strickland, Kent & Austin JJ |
| HEARING DATE: | By way of written submissions |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 27 April 2018 |
| LOWER COURT MNC: | [2018] FamCA 268 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Mr Devries |
| SOLICITOR FOR THE APPELLANT: | Manby and Scott, Child Support Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Schmidt |
| SOLICITOR FOR THE RESPONDENT: | Tisher Liner FC Law |
Orders
For the purpose of Order 6 made on 19 November 2018, with the parties’ consent, the respondent’s costs are fixed at $11,705.
The appellant shall pay the respondent’s costs of and incidental to the application for leave to appeal, fixed in the sum of $19,194.
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 Rankin & Rankin (No. 3) 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).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT MELBOURNE |
Appeal Number: SOA 33 of 2018
File Number: DGC 2859 of 2013
| Mr Rankin |
Appellant
And
| Ms Rankin |
Respondent
REASONS FOR JUDGMENT
Introduction
On 3…
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- Case
- [2019] FamCAFC 133
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding on the quantum of costs to be awarded to the respondent in relation to Order 6, which was made on 19 November 2018. Additionally, the court had to determine the costs incurred by the respondent during the application for leave to appeal. The appellant contested the amount of costs claimed by the respondent, arguing that they were excessive. The respondent, on the other hand, maintained that the costs were reasonable and necessary for the conduct of the proceedings.
The court examined the evidence provided by both parties and considered the nature and complexity of the proceedings, as well as the necessity and reasonableness of the costs claimed. After carefully reviewing the submissions and evidence, the court concluded that the costs claimed by the respondent were reasonable and necessary. The court fixed the respondent’s costs at $11,705 for the purpose of Order 6, and ordered the appellant to pay the respondent’s costs of and incidental to the application for leave to appeal, fixed in the sum of $19,194. The form of the order is subject to the entry of the order in the Court’s records.
Orders
Orders of the court
1.
For the purpose of Order 6 made on 19 November 2018, with the parties’ consent, the respondent’s costs are fixed at $11,705.
2.
The appellant shall pay the respondent’s costs of and incidental to the application for leave to appeal, fixed in the sum of $19,194.
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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