Skinner & Alfonso-Skinner (Costs)

Case [2010] FamCA 1108


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
CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345

Dobson v Van Londen (2005) 33 FamLR 525
Du Bray v McIlwraith (2009) 259 ALR 561

Henry v Henry (1996) 185 CLR 571

In the Marriage of B [2003] FLC 93-136
Jones v Merionethshire Permanent Benefit Building Society [1892] 1 Ch 173
EGK v TSL [2006] FLC 93-297
Re Wakim; ex parte McNally (1999) 198 CLR 511 at 586
Sankil v Sankil [2007] FLC 93-351

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

  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.

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

  1. 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).

  2. 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.

  3. 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

In the matter of *Skinner & Alfonso-Skinner (Costs)*, Murphy J of the Family Court of Australia was required to determine an application concerning the costs of proceedings between the husband and wife.

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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