FAMILY COURT OF AUSTRALIA
| SKINNER & ALFONSO-SKINNER (COSTS) | [2010] FamCA 1108 |
| FAMILY LAW – COSTS – Between parties – Where the wife was successful in substantive proceedings – Where the wife seeks order for costs – Whether s 117 applies – Where the husband ordered to pay the wife’s costs of and incidental to the proceedings |
| Child Support (Assessment) Act 1989 (Cth) Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Family Law Act 1975 (Cth) Family Law Rules 2004 (Cth) Judiciary Act 1903 (Cth) |
| Bale-Sutch and Bale-Sutch [2007] FamCA 463 at 13 Dobson v Van Londen (2005) 33 FamLR 525 Henry v Henry (1996) 185 CLR 571 In the Marriage of B [2003] FLC 93-136 Warby & Warby [2002] FLC 93-091 |
| APPLICANT: | Ms Alfonso-Skinner |
| RESPONDENT: | Mr Skinner |
| FILE NUMBER: | SYC | 5175 | of | 2009 |
| DATE DELIVERED: | 7 December 2010 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Murphy J |
| WRITTEN SUBMISSIONS: | Wife: 18 May 2010 Husband: 3 June 2010 Wife in reply: 4 June 2010 |
REPRESENTATION
| WRITTEN SUBMISSIONS ON BEHALF OF THE APPLICANT: | Mr Beaumont of Counsel |
| SOLICITOR FOR THE APPLICANT: | Barkus Doolan Kelly of Sydney |
| WRITTEN SUBMISSIONS ON BEHALF OF THE RESPONDENT: | Mr Grieve QC of Counsel |
| SOLICITOR FOR THE RESPONDENT: | Watson & Watson Solicitors of Sydney |
Orders
IT IS ORDERED THAT
The husband pay the wife’s costs of and incidental to these proceedings, including her costs in respect of the written submission as to costs, in such sum as agreed, or, failing agreement, as assessed.
IT IS NOTED that publication of this judgment under the pseudonym Skinner & Alfonso-Skinner is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)
| FAMILY COURT OF AUSTRALIA AT BRISBANE |
FILE NUMBER: SYC 5175 of 2009
| MS ALFONSO-SKINNER |
Applicant
And
| MR SKINNER |
Respondent
REASONS FOR JUDGMENT
On 28 April 2010 I made orders and delivered reasons in this matter which involved competing applications in this jurisdiction and in Spain. Order 7 contemplated the receipt of written submissions in respect of any application for costs. The parties subsequently delivered written submissions pursuant to that order: on 18.05.2010 (the wife), on 3.06.2010 (the husband), and on 4.06.2010 (the wife in reply).
The wife, who was successful in the substantive proceedings, seeks an order for her costs. It is argued on her behalf that s 117 of the Family Law Act 1975 (Cth) (“the Act”) has no application to the substantive proceedings, and that, as a result, costs should follow the event. In the alternative it is argued that, if s 117 applies, reference to the factors in s 117(2A) of the Act point to an award of costs in her favour.
The husband asserts that the appropriate order is…
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- AGLC
- Skinner & Alfonso-Skinner (Costs) [2010] FamCA 1108
- Case
- [2010] FamCA 1108
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was the appropriate order for costs following the conclusion of the substantive proceedings.
Murphy J ordered that the husband was to pay the wife’s costs of and incidental to the proceedings. This included the wife’s costs in relation to the written submissions made specifically on the issue of costs. The quantum of these costs was to be determined by agreement between the parties, or failing such agreement, by assessment.
Orders
Orders of the court
IT IS ORDERED THAT
1.
The husband pay the wife’s costs of and incidental to these proceedings, including her costs in respect of the written submission as to costs, in such sum as agreed, or, failing agreement, as assessed.
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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