Sartin and Sartin and Anor (No.2)

Case

[2016] FCCA 2687

18 October 2016


Details
AGLC Case Decision Date
Sartin and Sartin and Anor (No.2) [2016] FCCA 2687 [2016] FCCA 2687 18 October 2016

CaseChat Overview and Summary

This matter concerned an application before Judge Sexton regarding the payment of costs following a dispute between the Husband and the Wife, with the Second Respondent also involved. The core of the dispute revolved around the distribution of funds and the satisfaction of outstanding costs orders.

The court was required to determine the specific method and timing for the Husband to discharge his cost obligations to both the Wife and the Second Respondent. This involved directing the source of these payments and establishing a clear timeline for their settlement.

Judge Sexton ordered that the Husband must pay the costs of the Second Respondent in the sum of $75,000 and the costs of the Wife in the sum of $20,000. These payments were to be made within seven days of the settlement of a specific property sale, or within seven days of the date of the order if settlement had already occurred. Crucially, these payments were to be satisfied from funds already allocated to the Husband under a previous order (Order 5(h) of the Orders made on 11 April 2016). Following the full compliance with these cost payments, the remaining balance of the funds due to the Husband under the aforementioned Order 5(h) was to be released to him.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

11

Statutory Material Cited

5

Sartin and Sartin and Anor [2016] FCCA 800
Penfold v Penfold [1980] HCA 4
Penfold v Penfold [1980] HCA 4