FEDERAL CIRCUIT COURT OF AUSTRALIA
| SECCO & REID (No.2) | [2019] FCCA 2594 |
| Catchwords: FAMILY LAW – COSTS – Order for costs sought in parenting application – whether justifying circumstances to make an order for costs whether costs should be ordered on an indemnity basis – Court not satisfied that an order for costs on an indemnity basis should be made – Court satisfied that there are justifying circumstances for making an order for costs with respect to the trial – each party to bear his or her own costs with respect to the costs application. |
| Legislation: Family Law Act 1975, ss.117, 117(1), 117(2), 117(2A) |
| Cases cited: Tamaniego & Tamaniego (Costs) [2011] FamCAFC 30 Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v Fish and Another [2005] FamCA 158; (2005) 33 FamLR 123 |
| Applicant: | MS SECCO |
| Respondent: | MR REID |
| File Number: | CAC 1283 of 2008 |
| Judgment of: | Judge Tonkin |
| Hearing date: | 20 June 2019 |
| Date of Last Submission: | 25 July 2019 |
| Delivered at: | Brisbane |
| Delivered on: | 20 September 2019 |
REPRESENTATION
| Counsel for the Applicant: | Mr Howard |
| Solicitors for the Applicant: | Robinson McGuiness |
| Solicitors for the Respondent: | Mills Oakley |
ORDERS
The respondent pay the applicant’s costs in the sum of $32,498.75 within 90 days of the date of these orders.
With respect to the costs application each party shall pay his or her costs.
IT IS NOTED that publication of this judgment under the pseudonym Secco & Reid (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT CANBERRA |
CAC 1283 of 2008
| MS SECCO |
Applicant
And
| MR REID |
Respondent
REASONS FOR JUDGMENT
Introduction
This is an application for costs filed on 17 April 2019 with respect to a parenting matter. The respondent filed a response on 21 May 2019 seeking the application be dismissed.
Orders sought
The applicant sought an order that the respondent pay the applicant’s costs in an amount as agreed or assessed within 30 days calculated as follows:
(a)for the period 7 June 2017 to 9 July 2018 as agreed or assessed; and
(b)$69,792 by way of indemnity costs representing…
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- AGLC
- Secco and Reid (No.2) [2019] FCCA 2594
- Case
- [2019] FCCA 2594
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to determine the appropriate quantum of costs to be paid by the respondent to the applicant, and to consider the costs of the costs application itself.
Judge Tonkin ordered that the respondent pay the applicant's costs in the sum of $32,498.75 within 90 days. However, with respect to the costs of the costs application, each party was ordered to bear their own costs.
Orders
Orders of the court
1.
The respondent pay the applicant’s costs in the sum of $32,498.75 within 90 days of the date of these orders.
2.
With respect to the costs application each party shall pay his or her costs.
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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