Russell & West (No 3)

Case

[2012] FamCA 674

15 AUGUST 2012


Details
AGLC Case Decision Date
RUSSELL & WEST (NO. 3) [2012] FamCA 674 [2012] FamCA 674 15 AUGUST 2012

CaseChat Overview and Summary

In *Russell & West (No 3)*, the applicant, Mr Russell, sought costs against the respondent, Ms West, on an indemnity basis. The dispute concerned an application filed on 27 June 2012, the details of which are not fully elaborated in the provided text, but it involved subpoenaed documents from Primary School P, including those produced by Ms B. The matter was heard by Cronin J.

The primary legal issue before the court was whether Ms West should be ordered to pay Mr Russell's costs on an indemnity basis, and if so, in what amount. A secondary issue concerned the parties' liberty to inspect and copy subpoenaed documents.

Cronin J ordered that Ms West pay Mr Russell's costs on an indemnity basis in the sum of $84,500. The court also granted the parties liberty to inspect and copy all subpoenaed documents from Primary School P, including those produced by Ms B. The application filed on 27 June 2012 was otherwise dismissed. Furthermore, the court certified that it was reasonable to engage counsel to attend, pursuant to Order 19.50 of the *Family Law Rules 2004*.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Discovery

  • Injunction

  • Res Judicata

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