REAGLE & ALTO

Case [2020] FCCA 936


FEDERAL CIRCUIT COURT OF AUSTRALIA

REAGLE & ALTO [2020] FCCA 936
Catchwords:
FAMILY LAW – Costs – Applicant to parenting proceedings and paying assessed child support – where Applicant to parenting proceedings excluded from parentage of the subject child during proceedings – where Respondent purports to have doubted Applicant’s parentage of child from prior to commencement of proceedings – where basis for Respondent’s doubt as to paternity not communicated to Applicant until months into proceedings – where Applicant consented to parentage testing upon receipt of basis for Respondent’s doubts – where costs sought under section 143 of the Child Support (Assessment) Act 1989 (Cth) – where costs sought under section 117 of the Family Law Act 1975 (Cth) – where section 143 costs consented to close to final hearing of costs applications – where a party found to have prolonged proceedings – where found appropriate to make a costs order – whether costs should be assessed on party/party, indemnity, or ‘special costs order’ basis – where found appropriate to make a special costs order.

Legislation:

Child Support (Assessment) Act 1989 (Cth), ss.107, 143
Family Law Act 1975 (Cth), ss.45A, 69VA, 70NFB, 117, 117AA, 117AC
Family Law Rules 2004 (Cth), sch 3
Federal Circuit Court Rules 2001 (Cth), rr.21.02, 21.09, 21.10, 21.11, sch 1

Cases cited:

Penfold v Penfold (1980) 144 CLR 311
Latoudis v Casey (1990) 170 CLR 534
Colgate-Palmolive Company v Cussons Pty Limited (1993) 118 ALR 248
In the Marriage of Munday & Bowman (1997) 22 Fam LR 321
JEL & DDF [2001] FamCA 907
Browne & Green [2002] FamCA 791
Colan Products Pty Ltd v Luxon Pty Ltd (No 2) [2002] FMCA 90
PBF & TRF & Anor [2005] FamCA 158
Medlon & Medlon (No. 6) (Indemnity Costs) [2015] FamCAFC 157
Sfakianakis & Sfakianakis [2019] FamCAFC 54
Trevi & Trevi (No. 3) [2019] FamCAFC 58
Northern Territory & Sangare (2019) 265 CLR 164
Phillips & Hansford [2020] FamCAFC 28

Applicant: MR REAGLE
Respondent: MS ALTO
File Number: WOC 270 of 2019
Judgment of: Judge Morley
Hearing date: 23 October 2019
Date of Last Submission: 23 October 2019
Delivered at: Sydney
Delivered on: 1 May 2020

REPRESENTATION

Counsel for the Applicant: Ms Dart
Solicitors for the Applicant: Family Law Matters
Counsel for the Respondent: Mr Cook
Solicitors for the Respondent: Sydney Family Law Specialists Pty Ltd

ORDERS

THE COURT ORDERS THAT:

  1. The Respondent pay the Applicant’s costs of the proceedings fixed in the sum of $15,000.00, such payment to be made by the Respondent to the Applicant within 12 months.

IT IS NOTED that publication of this judgment under the pseudonym Reagle & Alto is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT WOLLONGONG

WOC 270 of 2019

MR REAGLE

Applicant

And

MS ALTO

Respondent

REASONS FOR JUDGMENT

Introduction

  1. These parenting proceedings were commenced by the Applicant Mr Reagle (‘the Applicant’) in relation to the child X born in 2018 (‘the Child’). The Respondent is the Child’s Mother, Ms…

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Details
AGLC
REAGLE & ALTO [2020] FCCA 936
Case
[2020] FCCA 936
Decision Date

CaseChat Overview and Summary

In the matter of REAGLE & ALTO, heard before Judge Morley, the dispute concerned an application for costs in parenting proceedings. The applicant, who was paying assessed child support, had been excluded from the parentage of the subject child during the proceedings. The respondent had expressed doubts about the applicant's paternity prior to the commencement of the proceedings, but the basis for these doubts was not communicated to the applicant until several months into the proceedings. The applicant subsequently consented to parentage testing.

The court was required to determine whether to make a costs order under section 143 of the *Child Support (Assessment) Act 1989* (Cth) and section 117 of the *Family Law Act 1975* (Cth). The applicant had consented to the section 143 costs close to the final hearing of the costs applications. The court also considered whether a party had prolonged the proceedings and, if so, whether it was appropriate to make a costs order. Finally, the court had to decide whether costs should be assessed on a party/party, indemnity, or 'special costs order' basis.

Judge Morley found it appropriate to make a costs order, determining that a special costs order was warranted. The court's reasoning, though not detailed in the provided text, led to the conclusion that the respondent's conduct, including the delayed communication of paternity doubts and the subsequent proceedings, justified a departure from standard cost assessments.

The court ordered that the respondent pay the applicant's costs of the proceedings fixed in the sum of $15,000.00, with payment to be made within 12 months.

Orders

Orders of the court

THE COURT ORDERS THAT:

1.

The Respondent pay the Applicant’s costs of the proceedings fixed in the sum of $15,000.00, such payment to be made by the Respondent to the Applicant within 12 months.

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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