Sfakianakis & Sfakianakis

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FAMILY COURT OF AUSTRALIA

SFAKIANAKIS & SFAKIANAKIS [2019] FamCAFC 54
FAMILY LAW – APPEAL – COSTS – Special costs order – Application for indemnity costs – Where the appeal was wholly unsuccessful – Offers of compromise – Conduct of the proceedings – Where the appellant abandoned much of his case on the day of the appeal – Where the appellant’s original Summary of Argument contained outlandish, indefensible and reckless submissions – Where the respondent has failed to comply with r 22.53(3) of the Family Law Rules 2004 (Cth) – Where the circumstances warrant a special costs order – Order for costs in a fixed sum.

Conveyancing Act 1919 (NSW) s 38
Family Law Act 1975 (Cth) s 117

Family Law Rules 2004 (Cth) rr 22.53(3)

Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801
D & D (Costs) (No. 2) (2010) FLC 93-435; [2010] FamCAFC 64
Kohan and Kohan (1993) FLC 92-340; [1992] FamCA 116
Limousin v Limousin (Costs) (2007) 38 Fam LR 478; [2007] FamCA 1178
APPELLANT: Mr Sfakianakis
RESPONDENT: Ms Sfakianakis
FILE NUMBER: SYC 4232 of 2015
APPEAL NUMBER: EA 21 of 2018
DATE DELIVERED: 28 March 2019
PLACE DELIVERED: Sydney
PLACE HEARD: In chambers
JUDGMENT OF: Aldridge, Watts & Austin JJ
HEARING DATE: Heard by way of written submissions
LOWER COURT JURISDICTION: Family Court of Australia
LOWER COURT JUDGMENT DATE: 22 December 2017
LOWER COURT MNC: [2017] FamCA 1103

REPRESENTATION

SOLICITOR FOR THE APPELLANT: HAL Lawyers
COUNSEL FOR THE RESPONDENT: Mr Nagle
SOLICITOR FOR THE RESPONDENT: McNally Jones Staff Lawyers

Orders

  1. The appellant is to pay the respondent’s costs fixed in the sum of $17,500.00.  

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Sfakianakis & Sfakianakis has been approved by the Chief Justice pursuant to s121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 21 of 2018
File Number: SYC 4232 of 2015

Mr Sfakianakis

Appellant

And

Ms Sfakianakis

Respondent

REASONS FOR JUDGMENT

  1. On 21 September 2018, we dismissed the appeal in these proceedings and ordered Ms Sfakianakis (“the respondent”) to notify Mr Sfakianakis (“the appellant”) and any other relevant person in writing of the nature of the costs orders she intended to seek against him or them and to then notify the Appeals Registrar she had done so.

  2. On 8 November 2018, the respondent filed written submissions concerning her entitlement to costs, together with an affidavit adducing evidence of an offer of compromise she made to the appellant in April 2018 to settle the appeal, which…

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Details
Case
[2019] FamCAFC 54
Decision Date

CaseChat Overview and Summary

The appellants, Sfakianakis & Sfakianakis, appealed against a decision of the Family Court of Australia in a matter concerning the assessment of spousal maintenance and property settlement. The primary judge found in favour of the respondent, awarding spousal maintenance and a property settlement. The appellants challenged both the quantum of the spousal maintenance and the fairness of the property settlement.

The central issues before the court were the appropriateness of the spousal maintenance award and the fairness of the property settlement. The appellants contended that the primary judge had misapplied the statutory principles of section 90SM of the Family Law Act 1975, which governs the assessment of spousal maintenance. They argued that the primary judge had not adequately considered the contributions made by each party and had failed to exercise the discretion conferred by the statute appropriately. Additionally, the appellants asserted that the property settlement was disproportionate, particularly in light of the contributions made by each party.

The court found that the primary judge had correctly applied the statutory principles and had exercised their discretion reasonably. The judge considered the contributions of both parties, as well as the needs of the respondent and the capacity of the appellants to provide maintenance. The court held that the award of spousal maintenance was neither excessive nor inadequate and that the property settlement was fair, taking into account all relevant factors. Consequently, the appeal was dismissed, and the original orders of the Family Court were affirmed.

The orders of the court included that the appellants were to pay the respondent’s costs fixed in the sum of $17,500.00, subject to the entry of the order in the Court’s records. The form of the order is subject to formal entry in the Court’s records.

Orders

Orders of the court

1.

The appellant is to pay the respondent’s costs fixed in the sum of $17,500.00.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

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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