Redmond & Redmond (Costs)

Case

[2014] FamCAFC 55


Details
AGLC Case Decision Date
Redmond & Redmond (Costs) [2014] FamCAFC 55 [2014] FamCAFC 55

CaseChat Overview and Summary

This appeal concerns two of the four appeals brought by Mr Redmond against orders made in the Federal Magistrates Court in relation to child support and property settlement proceedings. The wife, Ms Redmond, and Firm Y, the wife’s solicitors, are respondents to the appeals, NA 62 and NA 97 of 2012. They seek an order for costs against the husband. The husband opposes the making of any costs order. The Full Court found that the husband was substantially unsuccessful in the appeals and that he rejected offers of settlement. The Full Court concluded that there were circumstances which justified an order for costs in favour of the wife and the solicitors. The Full Court also concluded that the husband should be ordered to pay the wife’s and the solicitors’ costs of and incidental to the appeal on an indemnity basis. The Full Court orders that the husband pay the wife’s and the solicitors’ costs of and incidental to the appeal to be assessed on an indemnity basis, save and except for any costs directly relating to the appeal against order 3 of the orders made on 10 July 2012.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Offer of Settlement

  • Frivolous Litigation

  • Indemnity Costs

Actions
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Cases Citing This Decision

16

Masters (deceased) & Parsons [2017] FamCA 391
Coulter & Gerardine [2015] FamCA 287
LAMBERT and HAMEL [2023] FCWA 71
Cases Cited

7

Statutory Material Cited

0

Cachia v Hanes [1994] HCA 14
Khera v Jones [2006] NSWCA 85
Worchild v Petersen [2008] QCA 26