SKINNER & CLUNY
Case
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[2011] FamCA 429
•10 June 2011
Details
AGLC
Case
Decision Date
SKINNER & CLUNY
[2011] FamCA 429
[2011] FamCA 429
10 June 2011
CaseChat Overview and Summary
In *Skinner & Cluny*, the Family Court of Australia considered a husband's application alleging contravention of court orders by the wife, which was ultimately dismissed. Following this unsuccessful contravention application, the wife sought indemnity costs from the husband.
The primary legal issues before the court were whether the husband had contravened the relevant court orders, and if not, whether the circumstances warranted an order for the husband to pay the wife's costs on an indemnity basis (solicitor and client costs).
Young J found that the husband had not established the alleged contraventions by the wife. In relation to costs, his Honour declined to make an order for indemnity costs. The court applied the general principle that costs follow the event, but noted that an award of indemnity costs is exceptional and requires specific circumstances to be demonstrated, which were not present in this instance.
Consequently, the court made no order as to costs.
The primary legal issues before the court were whether the husband had contravened the relevant court orders, and if not, whether the circumstances warranted an order for the husband to pay the wife's costs on an indemnity basis (solicitor and client costs).
Young J found that the husband had not established the alleged contraventions by the wife. In relation to costs, his Honour declined to make an order for indemnity costs. The court applied the general principle that costs follow the event, but noted that an award of indemnity costs is exceptional and requires specific circumstances to be demonstrated, which were not present in this instance.
Consequently, the court made no order as to costs.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
SKINNER & CLUNY
[2011] FamCA 429
Most Recent Citation
Ongal and Materns (No 3) [2013] FamCA 946
Cases Cited
8
Statutory Material Cited
2
D & SV
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[1998] HCA 11