Sebastian & Sebastian (No 6)

Case

[2013] FamCA 225

8 April 2013


Details
AGLC Case Decision Date
SEBASTIAN & SEBASTIAN (NO. 6) [2013] FamCA 225 [2013] FamCA 225 8 April 2013

CaseChat Overview and Summary

In *Sebastian & Sebastian (No 6)*, the Family Court of Australia, presided over by Young J, dealt with applications for costs following a final hearing. The dispute concerned the wife's application for her costs of the final hearing, and the husband's applications for costs.

The court was required to determine whether to grant the wife leave to file an application seeking costs for a specific period of the final hearing, and how to manage the remaining costs applications for both parties. Additionally, the court had to consider the costs of the hearing on the day the orders were made, and whether the matter reasonably required the attendance of Senior Counsel.

Young J granted the wife leave to file an application for costs relating to the period between 14 August 2012 and 27 February 2013. All other costs applications were referred to Justice Cronin for further case management and listing before a judge. The court ordered that the wife pay the husband's solicitors $9,000 for costs thrown away on the day of the hearing, to be paid contemporaneously with a lump sum cash payment ordered on 28 March 2013. The court also certified that the matter reasonably required the attendance of Senior Counsel for both parties, pursuant to Rule 19.50 of the Family Law Rules. The extempore reasons for judgment were to be transcribed and placed on the court file.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Remedies

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