Skinner and Cluny (Costs)

[2011] FamCA 589

FAMILY COURT OF AUSTRALIA

SKINNER & CLUNY (COSTS) [2011] FamCA 589

FAMILY LAW – COSTS – Reserved to the trial

Family Law Act 1975 (Cth)

APPLICANT: Mr Skinner

RESPONDENT: Ms Cluny

FILE NUMBER: BRC 812 of 2010

DATE DELIVERED: 13 July 2011

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Murphy J

HEARING DATE: 13 July 2011
(In Chambers)

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr A. Cooper

SOLICITOR FOR THE APPLICANT: Barry Nilsson Lawyers

SOLICITOR FOR THE RESPONDENT: Mr Hirst of Hirst & Co

Orders

UPON WRITTEN SUBMISSIONS being received from each of the parties in respect of an Application for Costs

IT IS ORDERED THAT:

1. Any Application for Costs by either party of and incidental to the applications heard and determined by Murphy J on 14 June 2011 be reserved to the trial judge (Justice Kent).

2. The written submissions by each of the parties in respect of the issue of costs, be sealed in an envelope, marked with the words:

   “Not to be opened prior to the conclusion of the trial of this matter on 6/7 September 2011, or otherwise by order of Kent J upon application by one or both of the parties to this action.”

IT IS NOTED that publication of this judgment by this Court under the pseudonym Skinner & Cluny (Costs) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Act.

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER:  BRC 812 of 2010

Mr Skinner

Applicant

And

Ms Cluny

Respondent

REASONS FOR JUDGMENT

(Costs)

1. On 14 June 2011 I made orders and delivered ex tempore reasons in respect of a number of financial and other applications brought by the parties to these parenting and financial proceedings.

2. Previously, arising out of the same series of applications and cross-applications, Young J heard and determined an Application for Contravention the previous week.

3. At paragraph 7 of the orders made by me on 14 June 2011, I ordered that:

   7.In respect of any application for costs of and incidental to the proceedings heard and determined today:

   a.Written submissions be provided on behalf of the husband on or before 4.00pm on Friday 17 June 2011 and on behalf of the wife on or before 4.00pm on Friday 24 June 2011;

   b.The submissions so provided be considered by Justice Murphy, and orders made with reasons, in chambers unless the solicitors or counsel for the wife submit otherwise in which case oral submissions will be heard at a time and on a date to be advised; and

   c.Paragraph 6 above is stayed pending a determination of such application for costs.

4. Subsequently, on 17 June 2011, the husband’s solicitors filed, pursuant to that order, an outline of argument in respect of an application by the husband with respect to costs. On 24 June 2011, the solicitors for the wife filed written submissions in response to that application.

5. Subsequent to receipt of those respective written submissions, Justice Kent was appointed to the registry of this Court and, as a result, it has been possible to give this matter firm date of trial in about six week’s time commencing 6 September 2011.

6. At that time, the trial judge (fortuitously Kent J) will have before him all of the facts and circumstances pertaining to the history of this matter, the financial circumstances of the parties, and will be in a position to make any credit findings that might be relevant, not only to the determination of the ultimate issues in the case, but also any such findings as might be relevant in respect of the instant application for costs.

7. In those circumstances, I consider it preferable that the Application for Costs of and incidental to the applications before me be reserved to the trial judge, and I propose to so order.

8. The submissions in support of applications for cost include reliance upon offers made by each of the parties. Whilst it is by no means clear whether any of the matters contained in the respective letters of offer might be in issue before his Honour at the trial, I consider that prudence dictate that the written submissions on behalf of the parties in respect of the costs of the applications before me be placed in a sealed envelope to travel with the file to which are appended with words “not to be opened prior to the conclusion of the trial before Kent J on 6/7 September 2011, or otherwise as ordered by Kent J upon application by one or both of the parties”.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Murphy delivered on 13 July 2011.

Associate: 

Date:  26 July 2011