Reilly and Reilly (No.2)

Case

[2016] FCCA 1706

24 February 2016


Details
AGLC Case Decision Date
Reilly and Reilly (No.2) [2016] FCCA 1706 [2016] FCCA 1706 24 February 2016

CaseChat Overview and Summary

In *Reilly and Reilly (No.2)*, Judge Harman of the Federal Circuit Court of Australia considered an application for costs following property adjustment proceedings. The dispute concerned the wife's entitlement to recover costs incurred in both the substantive property adjustment proceedings and the subsequent costs application.

The primary legal issue before the court was the quantum and terms of the costs order to be made in favour of the wife. Specifically, the court had to determine whether to award costs and, if so, the amount and the conditions under which it would be payable, including provisions for interest and security for payment.

Judge Harman ordered the husband to pay the wife a contribution of $20,000 towards her costs within 90 days. The order stipulated that no interest would accrue if payment was made within this timeframe, but interest would apply thereafter on any outstanding amount. The wife was granted the right to lodge a caveat or writ against the husband's interest in a specific property to secure payment, with an obligation to withdraw it upon full satisfaction of the debt. All outstanding applications and responses were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Charge

  • Remedies

  • Stay of Proceedings

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Cases Citing This Decision

1

Drake and Drake (No.2) [2017] FCCA 1950
Cases Cited

17

Statutory Material Cited

6

Thompson & Berg [2014] FamCAFC 73
Sali v SPC Ltd [1993] HCA 47