Starkey v Starkey

Case

[2009] FamCA 54

5 February 2009


Details
AGLC Case Decision Date
Starkey v Starkey [2009] FamCA 54 [2009] FamCA 54 5 February 2009

CaseChat Overview and Summary

In *Starkey v Starkey*, Murphy J of the Federal Circuit Court of Australia considered an application for costs following the dismissal of a case filed by the applicant husband on 12 November 2008. The respondent wife sought an order for costs.

The primary legal issue before the Court was whether the applicant husband should be ordered to pay the respondent wife's costs of and incidental to the dismissed application, and also the costs of the subsequent application for costs.

Murphy J ordered that the applicant husband, through his case guardians, pay the respondent wife's costs of and incidental to the application filed on 12 November 2008, which was dismissed on 16 December 2008. These costs were to be agreed or assessed on a party and party basis. Furthermore, the applicant husband was ordered to pay the respondent wife's costs of and incidental to the application for costs, also to be agreed or assessed on a party and party basis.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

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Cases Citing This Decision

1

Connor and Langton (Costs) [2012] FamCA 896
Cases Cited

4

Statutory Material Cited

2

Penfold v Penfold [1980] HCA 4
Latoudis v Casey [1990] HCA 59
Latoudis v Casey [1990] HCA 59