Sansome and Sansome

[2008] FamCA 33

FAMILY COURT OF AUSTRALIA

SAUNDERS & SAUNDERS [2008] FamCA 33

FAMILY LAW – COSTS – Security for costs

Family Law Act 1975 (Cth)

Rodgers and Pisani [2007] FamCA 1510
Jones and Jones (2001) FLC ¶93-080
Luadaka  v Luadaka (1998) FLC ¶92-830

APPLICANT: Mrs Saunders

RESPONDENT: Mr Saunders

FILE NUMBER: NCC 2217 of 2007

DATE DELIVERED: 23 January 2008

PLACE DELIVERED: Sydney

PLACE HEARD: Newcastle

JUDGMENT OF: Justice Fowler

HEARING DATE: 18 January 2008

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr D. Nash

COUNSEL FOR THE RESPONDENT: Mr W. Tregilgas

Orders

1. The wife’s Application in a Case filed 11 October 2007 is dismissed.

2. The wife is to pay the husband’s costs of and incidental to the application before the court as assessed or taxed.  The wife is to have election to offset that amount against up to so much of the costs outstanding to her from the husband pursuant to the orders of the Court previously made AND THE COURT NOTED this will mean that her obligation to pay is discharged to the extent of the offset.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Fowler delivered this day will for all publication and reporting purposes be referred to as Saunders & Saunders.

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: NCC 2217  of 2007

Mrs Saunders

Applicant

And

Mr Saunders

Respondent

REASONS FOR JUDGMENT

Introduction

1. In this matter there is before the court an application by the wife in which she seeks orders for the provision of security for her costs in the following circumstances.

2. The parties to the proceedings were married in 1992 and the parties were divorced in March 2003.

3. Of the marriage there are two children, a son born in September 1994 and a daughter born in April 1999.

4. The children reside with their mother and spend time with their father under the supervision of Relationships Australia pursuant to an order of the Court made in 2004.  (the contact order)

5. Such was the nature of the history and facts of this matter that an order was made at that time prohibiting the husband from commencing any proceedings in this court without leave.  That order was made pursuant to the provisions of section 118.

6. On 2 July 2007 leave was granted to the husband to bring an application in which he sought a variation of the present contact order.  That leave was granted by order of Her Honour Justice Ryan on 16 July 2007.  In so doing Her Honour must have pursuant to the requirements of rule 11.05(4) been satisfied that the case has a reasonable likelihood of success.

7. It appears that the children have spent time with their father pursuant to the contact order.

8. A letter has been procured from Relationships Australia whose employees have supervised the contact recommending a variation of it.  The contact order provided in Order 10:

   If the Contact Centre during the currency of these orders declines or is unable to continue to provide its services, or…