Sam and Lamothe

Case

[2019] FamCA 770

24 October 2019


Details
AGLC Case Decision Date
Sam and Lamothe [2019] FamCA 770 [2019] FamCA 770 24 October 2019

CaseChat Overview and Summary

In *Sam and Lamothe*, heard by Rees J, the dispute concerned the costs of proceedings between a husband and wife. The specific orders indicate a disagreement over who should bear the legal expenses incurred during various stages of their litigation.

The central legal issue before the court was the appropriate allocation of costs between the parties, particularly in light of the timing of different applications and orders made throughout the proceedings. The court was required to determine whether the wife should be ordered to pay the husband's costs for a specific period and whether the wife's own application for costs for another period should be granted.

Rees J ordered that the wife pay the husband's costs of the proceedings from 22 February 2017, assessed at $29,000, to be deducted from any monies payable to the wife under a prior order. Conversely, the wife's application for costs concerning the period between 15 July 2016 and 23 August 2016 was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

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