FAMILY COURT OF AUSTRALIA
| RAPINO & LAGIOIA | [2020] FamCA 169 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Costs – Refusal of leave to commence proceedings out of time – Failure to accept an offer more favourable than the judgment – Wholly unsuccessful - Indemnity costs not appropriate - Where an order is made for the Wife to pay the Husband’s costs on a party/party basis. |
| Family Law Act 1975 (Cth) s 117 |
| I & I (No 2) (1995) FLC 92 -625 In the Marriage of W P J Munday and H J Bowman (1997) 22 Fam LR 321 at 323 Kohan and Kohan (1993) FLC 92-340 |
| APPLICANT: | Mr Rapino |
| RESPONDENT: | Ms Lagioia |
| FILE NUMBER: | CAC | 1615 | of | 2008 |
| DATE DELIVERED: | 20 March 2020 |
| PLACE DELIVERED: | Canberra |
| PLACE HEARD: | Canberra |
| JUDGMENT OF: | Gill J |
| HEARING DATE: | 12 March 2020 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Self-representing |
| SOLICITOR FOR THE RESPONDENT: | Self-representing |
Orders
The Wife pay the Husband’s costs in relation to her application seeking leave to commence property proceedings out of time on a party-party basis as agreed or as 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 Rapino & Lagioia 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 CANBERRA |
FILE NUMBER: CAC 1615 of 2008
| Mr Rapino |
Applicant
And
| Ms Lagioia |
Respondent
REASONS FOR JUDGMENT
Introduction
The parties to this matter are the Applicant Husband, Mr Rapino, and the Respondent Wife, Ms Lagioia. I refer to my previous judgment, where the Wife sought leave to institute property proceedings out of time and her application was dismissed. The Husband now seeks costs in relation to this matter.
Orders Sought
In his Application in a Case filed 14 February 2020, the Husband sought that the Wife pay the Husband’s costs relating to her application for leave on a party/party basis from 16 May 2017 to 9 October 2017 (in the sum of $4,089.18). The Husband also sought that the Wife pay his legal costs on an indemnity basis from 10 October 2017 to date (in the sum of $59,095.38).
The Wife sought that the Husband’s Application in a Case filed 14 February 2020 be dismissed and that the Husband pay the Wife’s costs in relation to this application, fixed at the sum of $2,000.
Material relied upon
The Husband relied…
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- Rapino and Lagioia [2020] FamCA 169
- Case
- [2020] FamCA 169
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the wife should be granted leave to commence property proceedings after the expiry of the statutory time limit. This required the court to consider the relevant legislative provisions and the principles governing the exercise of discretion in such matters.
Gill J determined that the wife had not established sufficient grounds to warrant the granting of leave to proceed out of time. The court applied the principles governing applications for leave to commence property proceedings out of time, considering factors such as the merits of the proposed claim and the prejudice to the respondent.
The court ordered that the wife pay the husband’s costs in relation to her application for leave to commence property proceedings out of time on a party-party basis, to be agreed or as assessed.
Orders
Orders of the court
1.
The Wife pay the Husband’s costs in relation to her application seeking leave to commence property proceedings out of time on a party-party basis as agreed or as assessed.
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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