FEDERAL CIRCUIT AND
FAMILY COURT OF AUSTRALIA (DIVISION 1)Saarinen & Saarinen (No 4) [2024] FedCFamC1F 490
File number(s): BRC 9679 of 2020 Judgment of: HOGAN J Date of judgment: 22 July 2024 Catchwords: FAMILY LAW – COSTS –Where the Applicant made an application for costs – Where the Respondent was wholly unsuccessful at the final hearing – Where the Court is not persuaded there are exceptional circumstances – Where costs are awarded on a party and party basis in a fixed amount Legislation: Family Law Act 1975 (Cth)
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Cases cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225
D & D Costs (No. 2) (2010) FLC 93-435; [2010] FamCAFC 64
Kohan & Kohan (1993) FLC 92-340; [1992] FamCA 116
Limousin v Limousin (Costs) (2007) 38 Fam LR 478; [2007] FamCA 1178
Nada & Nettle (Costs) (2014) FamCAFC 207; [2014] FamCAFC 207
Yunghanns & Yunghanns (2000) FLC 93-029; [2000] FamCA 681
Division: First Instance Number of paragraphs: 30 Date of last submission/s: 24 June 2024 Date of hearing: Determined in Chambers upon receipt of written submissions Place: Brisbane Counsel for the Applicant: Ms Brereton Solicitor for the Applicant: Leyden Legal by way of written submissions filed 13 June 2024 Respondent: Litigant in person by way of written submissions filed 24 June 2024 ORDERS
BRC 9679 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS SAARINEN
Applicant
AND: MR SAARINEN
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
HOGAN J
DATE OF ORDER:
22 JULY 2024
THE COURT ORDERS THAT:
1.Pursuant to s 117(2) of the Family Law Act 1975 (Cth), the Respondent pay the Applicant’s costs of and incidental to the Initiating Application filed 23 July 2020, as amended on 1 December 2020, 2 December 2020, 9 July 2021 and 10 December 2021 and the Amended Amended Initiating Application filed 18 November 2022, with such amount to be fixed in the sum of $70,355 and to be paid by the Respondent to the Applicant by no later than 5 September 2024.
IT IS NOTED THAT:
A.There is no Court known by the name “Federal Circuit and Family Court of Australia”.
B.The design of the seal affixed to this order issued by the Federal Circuit and Family Court of Australia (Division 1) has been determined by the Attorney-General pursuant to the undated Federal Circuit and Family Court of Australia (Seal) Determination 2021 signed by the Attorney-General.
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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except…
Continue reading Saarinen & Saarinen (No 4)
Sign in free to access the full text
- AGLC
- Saarinen & Saarinen (No 4) [2024] FedCFamC1F 490
- Case
- [2024] FedCFamC1F 490
- Decision Date
CaseChat Overview and Summary
The court considered the principles governing the award of costs in family law matters, particularly under section 117(2) of the Family Law Act 1975 (Cth). The Applicant argued that the Respondent should be liable for the costs due to his lack of success in the proceedings. The Respondent did not present any arguments to persuade the court that exceptional circumstances existed to warrant a departure from the usual costs order. Hogan J determined that the Applicant was entitled to an order for costs as the Respondent had been unsuccessful in the proceedings. The court fixed the amount of costs to be paid by the Respondent to the Applicant in the sum of $70,355, to be paid by a specified date.
In conclusion, the court ordered the Respondent to pay the Applicant's costs of and incidental to the proceedings in the specified amount. The Respondent was required to pay this sum to the Applicant by no later than 5 September 2024. The reasoning of the court was based on the absence of exceptional circumstances and the Respondent's lack of success in the proceedings, which supported the usual order for costs in family law matters.
Orders
Orders of the court
BRC 9679 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS SAARINEN
Applicant
AND:
MR SAARINEN
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
HOGAN J
DATE OF ORDER:
22 JULY 2024
THE COURT ORDERS THAT:
1. Pursuant to s 117(2) of the Family Law Act 1975 (Cth), the Respondent pay the Applicant’s costs of and incidental to the Initiating Application filed 23 July 2020, as amended on 1 December 2020, 2 December 2020, 9 July 2021 and 10 December 2021 and the Amended Amended Initiating Application filed 18 November 2022, with such amount to be fixed in the sum of $70,355 and to be paid by the Respondent to the Applicant by no later than 5 September 2024.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.