Solder and McCabe
Case
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[2008] FamCA 371
•24 April 2008
Details
AGLC
Case
Decision Date
Solder and McCabe [2008] FamCA 371
[2008] FamCA 371
24 April 2008
CaseChat Overview and Summary
In the matter of *Solder and McCabe*, heard before O'Reilly J, the dispute concerned costs orders following a hearing. The specific details of the underlying substantive dispute are not provided, but the judgment focuses solely on the allocation of legal costs between the parties.
The court was required to determine the appropriate basis and quantum of costs to be awarded to the father, and whether those costs should be paid by the mother. Specifically, the court considered an application for indemnity costs in relation to a particular day of the hearing and for standard costs in relation to a costs application itself.
O'Reilly J ordered that the mother pay the father's costs of the second day of the hearing on 20 March 2008 on an indemnity basis, assessed at $3,374.00. Furthermore, the mother was ordered to pay half of the father's costs of his costs application on a standard basis, assessed at $648.65. Both sums were to be paid within 30 days.
The court was required to determine the appropriate basis and quantum of costs to be awarded to the father, and whether those costs should be paid by the mother. Specifically, the court considered an application for indemnity costs in relation to a particular day of the hearing and for standard costs in relation to a costs application itself.
O'Reilly J ordered that the mother pay the father's costs of the second day of the hearing on 20 March 2008 on an indemnity basis, assessed at $3,374.00. Furthermore, the mother was ordered to pay half of the father's costs of his costs application on a standard basis, assessed at $648.65. Both sums were to be paid within 30 days.
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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Appeal
Actions
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Citations
Solder and McCabe [2008] FamCA 371
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
Penfold v Penfold
[1980] HCA 4
Penfold v Penfold
[1980] HCA 4
Colgate-Palmolive Co v Cussons Pty ltd
[1993] FCA 801