FAMILY COURT OF AUSTRALIA
| SOUTHERN & SOUTHERN AND ORS | [2017] FamCA 128 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Disjoinder. FAMILY LAW – COSTS – Order made on party/party basis. |
| Family Law Act 1975 (Cth) |
| B Proprietary Limited & K (2008) CAFC 113 Wayne & Dillion & Dillion (2008) FamCAFC 204 |
| APPLICANT: | Mr Southern |
| 1st RESPONDENT: | Ms Southern |
| 2nd RESPONDENT: | B & C Trustee in Bankruptcy |
| 3rd RESPONDENT: | D Pty Ltd |
| 4th RESPONDENT: | E Pty Ltd |
| INTERVENORS: | Mr F Southern and Ms G Southern |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Aid New South Wales |
| FILE NUMBER: | LEC | 629 | of | 2011 |
| DATE DELIVERED: | 27 February 2017 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Hogan J |
| HEARING DATE: | 27 February 2017 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Mr Pellandine, Jensens Solicitors & Attorneys |
| COUNSEL FOR THE 1ST RESPONDENT: | Mr Balzamo of Counsel |
| SOLICITOR FOR THE 1ST RESPONDENT: | Hannigans Solicitors |
| 2ND RESPONDENT: | No appearance |
| COUNSEL FOR THE 3RD RESPONDENT: | Ms Oakley of Counsel |
| SOLICITOR FOR THE 3RD RESPONDENT: | SS Lawyers Pty Ltd |
| COUNSEL FOR THE 4TH RESPONDENT: | Mr Balzamo of Counsel |
| SOLICITOR FOR THE 4TH RESPONDENT: | Hannigans Solicitors |
| COUNSEL FOR THE INTERVENORS: | Ms Oakley of Counsel |
| SOLICITOR FOR THE INTERVENORS: | SS Lawyers Pty Ltd |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid New South Wales |
Orders
UPON NOTIFICATION BY THE THIRD RESPONDENT that it intends filing a Notice of Discontinuance as noted IT IS ORDERED BY CONSENT THAT
D Pty Ltd pay E Pty Ltd costs of and incidental to the proceedings in an amount as agreed between the parties or, failing agreement, as assessed on a party and party basis.
AND IT IS FURTHER ORDERED THAT
E Pty Ltd be removed as a party to the proceedings.
The Applicant pay E Pty Ltd’s costs of and incidental to the interim Application (contained within the Response to Further Second Amended Initiating Application filed 2 November 2016) on a party and party basis in an amount agreed between the parties and, failing agreement, as assessed on a party and party basis.
The Applicant pay those costs within 28 days of either the finalisation of the proceedings (being those between the Applicant and First Respondent in which the Applicant seeks to set aside the Binding Financial Agreement) by the making of consent orders or by way of order made following trial.
IT IS NOTED THAT
(A)D Pty Ltd intends to file a Notice of Discontinuance in relation to the orders sought against E Pty Ltd as contained within the Response to Further Second Amended Initiating Application filed on 29 November 2016.
(B)The Interveners intend to file a Notice of Discontinuance in relation to the relief sought in Clauses 4 and 5 of the Response to Initiating Application filed on 25 October 2015.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym <pseudonym
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- AGLC
- Southern & Southern [2017] FamCA 128
- Case
- [2017] FamCA 128
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate orders regarding the costs of E Pty Ltd, which had indicated its intention to discontinue its involvement. Specifically, the court needed to decide who would bear E Pty Ltd's costs and on what basis those costs would be assessed.
Hogan J ordered by consent that D Pty Ltd pay E Pty Ltd's costs of and incidental to the proceedings, to be agreed or assessed on a party and party basis. Furthermore, E Pty Ltd was to be removed as a party to the proceedings. The Applicant was also ordered to pay E Pty Ltd's costs related to an interim application, also to be agreed or assessed on a party and party basis, with payment due within 28 days of the finalisation of the main proceedings.
Orders
Orders of the court
UPON NOTIFICATION BY THE THIRD RESPONDENT that it intends filing a Notice of Discontinuance as noted IT IS ORDERED BY CONSENT THAT
1.
D Pty Ltd pay E Pty Ltd costs of and incidental to the proceedings in an amount as agreed between the parties or, failing agreement, as assessed on a party and party basis.
AND IT IS FURTHER ORDERED THAT
2.
E Pty Ltd be removed as a party to the proceedings.
3.
The Applicant pay E Pty Ltd’s costs of and incidental to the interim Application (contained within the Response to Further Second Amended Initiating Application filed 2 November 2016) on a party and party basis in an amount agreed between the parties and, failing agreement, as assessed on a party and party basis.
4.
The Applicant pay those costs within 28 days of either the finalisation of the proceedings (being those between the Applicant and First Respondent in which the Applicant seeks to set aside the Binding Financial Agreement) by the making of consent orders or by way of order made following trial.
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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