RICHARD & BRIAR

Case

[2012] FamCA 597

16 July 2012


Details
AGLC Case Decision Date
RICHARD & BRIAR [2012] FamCA 597 [2012] FamCA 597 16 July 2012

CaseChat Overview and Summary

In *Richard & Briar*, Dessau J of the Family Court of Australia considered a dispute concerning the payment of sums previously ordered between the mother and father. The proceedings involved the enforcement of prior orders and the allocation of costs arising from those enforcement actions.

The primary legal issues before the Court were the timing of payment for a sum previously fixed by a Senior Registrar, and the extent to which the mother should be ordered to pay the father's indemnity costs for specific recovery proceedings. The Court also had to determine the father's broader application for costs.

Dessau J ordered that the sum of $7,986, previously fixed by FitzGibbon SR, be paid by the mother to the father by 4.00pm on 14 September 2012. Furthermore, the mother was ordered to pay the father's indemnity costs of $19,737, relating to the January 2012 Recovery Order proceedings, by the same date. The father's application for costs beyond these specific orders was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Appeal

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