Sabet & Abdoo (No 2)

Case [2025] FedCFamC2F 379


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Sabet & Abdoo (No 2) [2025] FedCFamC2F 379

File number(s): PAC 6761 of 2021
Judgment of: JUDGE NEWBRUN
Date of judgment: 25 March 2025
Catchwords:

FAMILY LAW – PRACTICE AND PROCEDURE – Adjournment – application refused.

FAMILY LAW – COSTS – Costs application by husband – costs application by subpoena objector.

Legislation: Family Law Act 1975 (Cth) s 117
Cases cited:

Novikov & Novikov [2024] FedCFamC1A 56

UTSG Pty Ltd v Sydney Metro (No 5) [2019] NSWLEC 107

Division: Division 2 Family Law
Number of paragraphs: 56
Date of hearing: 14 March 2025
Place: Parramatta
Solicitor for the First Applicant: Mr Agostino, Agostino & Co
Counsel for the Second Applicant: Ms Mahony
Solicitor for the Second Applicant: A Plus Legal
The Respondent: No appearance

ORDERS

PAC 6761 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR ABDOO

First Applicant

HH PTY LTD

Second Applicant

AND:

MS SABET

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

25 MARCH 2025

THE COURT ORDERS THAT:

1.Leave be granted to the husband to bring an application for costs out of time.

2.The wife pay the husband’s costs of 23 February 2022 in the sum of $1,964.

3.The wife pay the husband’s costs thrown away in relation to the adjourned interim hearing of 4 March 2022 in the sum of $1,964.

4.The wife pay the husband’s costs of 28 March 2024 in the sum of $1,767.

5.All the husband's costs as ordered to be paid by the wife shall be paid by the wife to the husband from the proceeds of sale of the Suburb H property in priority to any payment to the wife pursuant to Order 19(e) of the Court’s Orders of 7 November 2024.

6.The wife pay HH Pty Ltd’s costs of 8 October 2024 in the amount of $1,767.

7.The costs of HH Pty Ltd as ordered to be paid by the wife shall be paid by the wife to HH Pty Ltd from the proceeds of sale of the Suburb H property in priority to any payment to the wife pursuant to Order 19(e) of the Court’s orders of 7 November 2024.

AND THE COURT NOTES THAT:

A.On 7 August 2023 the court ordered that the wife pay 80 per cent of the husband’s costs for work completed in relation to the wife’s interim application filed 13 December 2021 (amended 9 March 2023 and heard on 26 April 2023) as agreed or failing agreement, as assessed on a party-party basis pursuant to Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

B.On 9 October 2024 the Court ordered that the husband's costs in relation to the wife’s dismissed Application in a Proceeding dated 3 October 2024 be paid by the wife.

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…

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AGLC
Sabet & Abdoo (No 2) [2025] FedCFamC2F 379
Case
[2025] FedCFamC2F 379
Decision Date

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia heard an application for costs by Mr Abdoo against Ms Sabet in the context of ongoing family law proceedings. Mr Abdoo and Ms Sabet were previously involved in a proceeding concerning the distribution of property and spousal maintenance. Mr Abdoo also sought costs against HH Pty Ltd, a company associated with Ms Sabet. The court was required to determine whether Mr Abdoo was entitled to costs from Ms Sabet and HH Pty Ltd, and if so, in what amount. The court also had to decide whether the wife should pay the costs of the husband and HH Pty Ltd from the proceeds of a specific property sale.

The court considered the legal principles surrounding costs orders in family law proceedings, including the need for fairness and proportionality. It examined the history of the case, including previous costs orders and the circumstances of the current application. The court found that Mr Abdoo was entitled to costs from Ms Sabet and HH Pty Ltd for specific dates of hearing, amounting to $1,964 for each date. The court also found that the wife should pay the costs from the proceeds of the sale of the Suburb H property, as ordered.

The court made several orders to enforce the payment of costs by Ms Sabet to Mr Abdoo and HH Pty Ltd. It ordered that Ms Sabet pay the specified amounts to Mr Abdoo and HH Pty Ltd, with priority over any payment to herself from the proceeds of the sale of the Suburb H property. The court also noted previous orders regarding costs payments in the case.

The court issued a detailed order, confirming the amounts owed and the priority of payments from the sale of the Suburb H property. The form of the order is subject to review for minor errors, and the court retains the authority to vary the order if necessary.

Orders

Orders of the court

PAC 6761 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR ABDOO

First Applicant

HH PTY LTD

Second Applicant

AND:

MS SABET

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

25 MARCH 2025

THE COURT ORDERS THAT:

1. Leave be granted to the husband to bring an application for costs out of time.

2. The wife pay the husband’s costs of 23 February 2022 in the sum of $1,964.

3. The wife pay the husband’s costs thrown away in relation to the adjourned interim hearing of 4 March 2022 in the sum of $1,964.

4. The wife pay the husband’s costs of 28 March 2024 in the sum of $1,767.

5. All the husband's costs as ordered to be paid by the wife shall be paid by the wife to the husband from the proceeds of sale of the Suburb H property in priority to any payment to the wife pursuant to Order 19(e) of the Court’s Orders of 7 November 2024.

6. The wife pay HH Pty Ltd’s costs of 8 October 2024 in the amount of $1,767.

7. The costs of HH Pty Ltd as ordered to be paid by the wife shall be paid by the wife to HH Pty Ltd from the proceeds of sale of the Suburb H property in priority to any payment to the wife pursuant to Order 19(e) of the Court’s orders of 7 November 2024.

AND THE COURT NOTES THAT:

A. On 7 August 2023 the court ordered that the wife pay 80 per cent of the husband’s costs for work completed in relation to the wife’s interim application filed 13 December 2021 (amended 9 March 2023 and heard on 26 April 2023) as agreed or failing agreement, as assessed on a party-party basis pursuant to Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

B. On 9 October 2024 the Court ordered that the husband's costs in relation to the wife’s dismissed Application in a Proceeding dated 3 October 2024 be paid by the wife.

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 in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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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