Romano and Lindfield (No. 2)

[2021] FamCA 580

FAMILY COURT OF AUSTRALIA

Romano & Lindfield (No. 2) [2021] FamCA 580

File number(s):

SYC 5523 of 2010

Judgment of:

HARPER J

Date of judgment:

6 August 2021

Catchwords:

FAMILY LAW – COSTS – Parenting proceedings – Father wholly unsuccessful – Final orders made in line with interim orders from 2016 and offer of settlement made by the mother – Where father filed no material in relation to costs – Where unchallenged evidence of mother deposed to assets of father – Where justification for costs award established at level higher than party-party costs – Where father ordered to pay mother’s costs fixed in the sum of $50,000.

Legislation:

Family Law Act 1975 (Cth) s 117

Family Law Rules (2004) (Cth) r 19.18

Cases cited:

Atkins & Hunt [2017] FamCAFC 131

Greedy & Greedy (1982) FLC 91

Harris & Dewell (No. 2) [2018] FamCAFC 180

Luadaka and Luadaka (1998) FLC 92

Oshlackv Richmond River Council (1998) 193 CLR 72

Parke & Estate of the Late A Parke (2016) FLC 93-748

Penfold v Penfold (1980) 144 CLR 311

Prantage & Prantage (2013) 49 Fam LR 197

Number of paragraphs:

30

Date of last submission/s:

3 June 2021

Date of hearing:

Heard on the papers

Place:

Sydney

Solicitor for the Applicant:

Rowlandson & Co Solicitors

Solicitor for the Respondent:

No Appearance

ORDERS

SYC 5523 of 2010

BETWEEN:

MS ROMANO

Applicant

AND:

MR LINDFIELD

Respondent

AND

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	HARPER J
DATE OF ORDER:	6 AUGUST 2021

THE COURT ORDERS THAT:

1.The Respondent Father is to pay costs fixed in the amount of $50,000.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Lindfield & Romano has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

Amended pursuant to r 10.14(b) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 8 November 2021

HARPER J

1. These are parenting proceedings between the Applicant in the substantive proceedings, Mr Lindfield ("the father") and the Respondent in the substantive proceedings, Ms Romano ("the mother").

2. I delivered judgment on 25 March 2021.

3. By way of an Application in a Case filed on 22 April 2021 the mother makes an application for costs. The orders sought by the mother are as follows:

   1.That the respondent (the applicant in the substantive proceedings in this matter) pay the applicant’s (the respondent in the substantive proceedings in this matter) costs of and incidental to these proceedings:

   1.1on an indemnity basis, or in the alternative

   1.2on a solicitor/client basis and as assessed,…