SITCH & JACOBS (No.2)

[2014] FCCA 1537

FEDERAL CIRCUIT COURT OF AUSTRALIA

SITCH & JACOBS (No.2) [2014] FCCA 1537

Catchwords:
FAMILY LAW – Parenting orders – costs application.

COSTS – Family law proceedings – parenting orders – consideration of factors in relation to costs.

Legislation:

Family Law Act 1975 (Cth), s.117

Campion & Campion [2008] FMCAfam 677
C & C (No.2) [2007] FMCAfam 54

In the Marriage of AR and DJ Telfer (1996) 20 Fam LR 619
In the Marriage of I and I (No. 2) (1995) 22 Fam LR 557
In the Marriage of RT & AR Harris (1991) 15 Fam LR 26
In the Marriage of Schwarz (1985) 10 Fam LR 235
In the Marriage of SH and P Brown (1998) 23 Fam LR 349
P & R (No.1) [2002] FMCAfam 65

Penfold v Penfold (1980) 144 CLR 311
PJ & NW [2005] FamCA 162
Re JJT & Ors; Ex parte Victoria Legal Aid (1998) 195 CLR 184, [1998] HCA 44
RNL & RHB [2005] FMCAfam 520
Sitch & Jacobs [2014] FCCA 1419

Applicant: MS SITCH

Respondent: MR JACOBS

File Number: MLC 10230 of 2009

Judgment of: Judge Antoni Lucev

Hearing date: 8 May 2014

Date of Last Submission: 8 May 2014

Delivered at: Melbourne

Delivered on: 21 July 2014

REPRESENTATION

Counsel for the Applicant: Mr T Weerappah

Solicitors for the Applicant: Bayside Solicitors

For the Respondent: In person

ORDERS

1. That the respondent pay the applicant’s costs thrown away of 29 August 2013 in the sum of $1384 by 21 October 2014.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of Judge Lucev delivered this day will for all publication and reporting purposes be referred to as Sitch & Jacobs (No.2).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 10230 of 2009

MS SITCH

Applicant

And

MR JACOBS

Respondent

REASONS FOR JUDGMENT

Introduction

1. On 7 March 2014 the Court delivered judgment on the primary issues in dispute in these proceedings.[1]

   [1] Sitch & Jacobs [2014] FCCA 1419 (“Sitch (No.1)”).

2. The Mother had sought orders that:

   a)the Mother and Father have equal shared parental responsibility for the Child;

   b)the Child live with the Mother;

   c)the Child spend time with the Father each alternate weekend, on Wednesday of each alternate week, and for half of the school holidays, and the usual special days, and by telephone at reasonable times;

   d)that changeovers occur at the [omitted] train station, when not occurring at school;

   e)there be restraints in relation to bathing or showering with the Child, denigration of the other parent or their family, and being under the influence of alcohol;

   f)authorisation for each parent to communicate with medical practitioners, school and to attend school functions, and to advise of any serious illness; and

   g)the Child attend school unless he has a certificated medical illness.

3. The Father had sought orders for:

   a)sole parental responsibility for the Child;

   b)the Child to live with the Father and spend time with the Mother on alternate weekends, holidays and special days, and by telephone;

   c)various orders…