Spurling & Ors and Spurling

[2019] FamCA 802

FAMILY COURT OF AUSTRALIA

SPURLING AND ORS & SPURLING [2019] FamCA 802

FAMILY LAW – COSTS – Application by the husband seeking costs orders against the wife from 8 March 2018 as agreed or assessed or in the alternative seeking costs orders against the wife from 9 August 2019 as agreed or assessed – Order that wife pay the husband’s costs in a fixed amount.

FAMILY LAW – COSTS – Application for costs by the first and second interveners seeking orders that the wife pay their costs of the proceedings as agreed or assessed – Order that wife pay the first and second interveners’ costs in a fixed amount.

Family Law Act 1975 (Cth) s 117
Family Law Rules 2004 (Cth)

PBF as Child Representative for AF (Legal Aid Commission of Tasmania) & Ors [2005] FamCA 158
Cachia v Hanes (1994) 179 CLR 403
Prantage v Prantage (2013) FLC 93-544
Worth & Worth (No.2) [2019] FamCA 126
Catlin & Catlin (2018) FamCA 235

1st APPLICANT: Mr J Spurling

2nd APPLICANT: Ms K Spurling

3rd APPLICANT: Mr Spurling

RESPONDENT: Ms Spurling

FILE NUMBER: HBC 369 of 2017

DATE DELIVERED: 31 October 2019

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart

JUDGMENT OF: Benjamin J

HEARING DATE: By submissions

REPRESENTATION

SOLICITOR FOR THE 1ST APPLICANT: Wright Lawyers

SOLICITOR FOR THE 2ND APPLICANT: Wright Lawyers

SOLICITOR FOR THE 3RD APPLICANT: Wright Lawyers

SOLICITOR FOR THE RESPONDENT: FitzGerald & Browne

Orders

1. Ms Spurling, the wife, shall pay legal costs of Mr J Spurling and Ms K Spurling of $80,000.

2. Ms Spurling, the wife, shall pay legal costs of Mr Spurling, the husband, of $20,000.

3. Payment of these costs shall be made at the time of the payment by the husband to the wife of the last $100,000 due to her under the property orders (and which may be paid by the husband to Mr J Spurling, Ms K Spurling and himself in lieu of payment of the costs directly by the wife).

4. All other extant applications for costs are dismissed.

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 Spurling and Ors & Spurling has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT HOBART

FILE NUMBER: HBC 369of 2018

Mr J Spurling

First Applicant

And

Ms K Spurling

Second Applicant

And

Mr Spurling

Third Applicant

And

Ms Spurling

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. Mr Spurling (‘the husband’) and Ms Spurling (‘the wife’) were involved in parenting and property proceeding in this Court (‘the Substantive Proceeding’). The wife joined the husband’s parents…