SUPREME COURT OF QUEENSLAND
CITATION:
Remely v O’Shea & Ors (No 4) [2009] QSC 204
PARTIES:
OTTO REMELY
(Applicant)
V
LEANNE O’SHEA
(First Respondent)
GEOFF VANDENBERG and LORAINE VANDENBERG
(Second Respondents)
FILE NO/S:
01 of 2006 Bundaberg Registry
DIVISION:
Trial Division
PROCEEDING:
Hearing
ORIGINATING COURT:
Supreme Court Bundaberg
DELIVERED ON:
31 July 2009
DELIVERED AT:
Rockhampton
HEARING DATE:
27 April 2009
JUDGE:
McMeekin J
ORDER:
1. The applicant is ordered to pay the second respondents’ costs of and incidental to the applications the subject of my decision delivered on 12 May 2009, such costs to be assessed on the standard basis.
2. Unless the parties have earlier notified the registrar of an agreed amount for costs:
(a) within 10 days the second respondents file and serve upon the applicant written submissions, verified by affidavit where practicable, directed to establishing that the amount of costs claimed by the second respondents is a realistic estimate of the amount of costs which would be assessed on the standard basis;
(b) within seven days thereafter the applicant file and serve upon the respondents any submissions the applicant wishes to make concerning the amount of costs to be fixed by the Court, verified by affidavit where practicable; and
(c) except with the prior leave of the registrar, neither party is authorised to make submissions in response or in reply.
CATCHWORDS:
PROCEDURE – COSTS – DEPARTING FROM THE GENERAL RULE – ORDER FOR COSTS ON INDEMNITY BASIS – whether costs to be assessed on the indemnity basis
Uniform Civil Procedure Rules 1999 (Qld) r 212(1)(b), r 703(1)
Amos v Monsour Pty Ltd [2009] QCA 65 and [2009] QCA 123
Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225
Di Carlo v Dubois [2002] QCA 225
COUNSEL:
Mr Remely appeared on his own behalf
Mr R B Dickson for the second respondents
SOLICITORS:
Self represented
Payne Butler Lang for the second respondents
The second respondents have obtained orders against the applicant, Mr Remely, for costs. On 27 April 2009 I heard four applications by Mr Remely relating to those orders. I dismissed each of those applications and reserved the question of costs. I have subsequently received written submissions from each side.
The second respondents submit that the general rule should be followed, that is that costs follow the event and that in the circumstances here the assessment of costs should be upon the indemnity basis. It is necessary for the second respondents to obtain leave to make their submissions. I gave judgment dismissing the four applications on 12 May 2009 and directed that submissions be received by 19 May. At that date no submissions had been received from the second respondents but were received shortly after the due date. Mr Dickson of counsel who appears on behalf of the second respondents argues that leave should be given because the justice of the case requires it, the delay was slight and there…
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- AGLC
- Remely v O'Shea (No 4) [2009] QSC 204
- Case
- [2009] QSC 204
- Decision Date
CaseChat Overview and Summary
The court examined the principles governing the assessment of costs in family law matters, particularly the general rule that costs are to be assessed on the standard basis unless there are exceptional circumstances justifying an indemnity order. The court considered the nature of the applications and the conduct of the parties throughout the proceedings. It assessed whether the applicant's conduct warranted a departure from the standard rule.
In its decision, the court held that the exceptional circumstances necessary to justify an indemnity order were not present in this case. The court determined that the costs should be assessed on the standard basis, reflecting the usual approach in family law matters. The court directed that the second respondent was to file and serve written submissions establishing a realistic estimate of the costs claimed, with the applicant then having an opportunity to respond. The court further outlined the procedural steps for the assessment of costs, ensuring that submissions would be limited to prevent unnecessary prolongation of the proceedings.
The court ordered that the applicant was to pay the second respondent's costs of and incidental to the applications, to be assessed on the standard basis. The court mandated specific timelines for the submission of written evidence and submissions by both parties, with restrictions on further responses unless leave was obtained. This decision underscored the court's adherence to the standard basis for cost assessment in family law proceedings, barring exceptional circumstances.
Orders
Orders of the court
1. The applicant is ordered to pay the second respondents’ costs of and incidental to the applications the subject of my decision delivered on 12 May 2009, such costs to be assessed on the standard basis.
2. Unless the parties have earlier notified the registrar of an agreed amount for costs:
(a) within 10 days the second respondents file and serve upon the applicant written submissions, verified by affidavit where practicable, directed to establishing that the amount of costs claimed by the second respondents is a realistic estimate of the amount of costs which would be assessed on the standard basis;
(b) within seven days thereafter the applicant file and serve upon the respondents any submissions the applicant wishes to make concerning the amount of costs to be fixed by the Court, verified by affidavit where practicable; and
(c) except with the prior leave of the registrar, neither party is authorised to make submissions in response or in reply.
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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