Stone and Stone (No 2)

Case

[2013] FamCA 479

19 June 2013


Details
AGLC Case Decision Date
STONE & STONE (NO. 2) [2013] FamCA 479 [2013] FamCA 479 19 June 2013

CaseChat Overview and Summary

In the matter of *Stone and Stone (No 2)*, Justice Fowler of the Family Court of Australia considered an application by the wife for costs and an application by the husband for a stay of previous orders. The dispute concerned the wife's application for costs following earlier proceedings, and the husband's subsequent attempt to halt the enforcement of those orders.

The primary legal issues before the Court were whether the husband's application for an adjournment of the wife's costs application should be granted, and whether the husband's application for a stay of the Court's orders made on 18 April 2013 should be dismissed. The Court was also required to determine the appropriate basis for awarding the wife's costs.

Justice Fowler dismissed the husband's application for an adjournment of the wife's costs application, indicating that the matter was ready for determination. The Court then ordered that the husband pay the wife's costs of and incidental to the proceedings from 10 September 2010 until the day before the hearing commenced on 21 February 2013, on a standard basis. Furthermore, the husband was ordered to pay the wife's costs of the hearing itself on an indemnity basis, reflecting the Court's view on the conduct of the proceedings. The Court also certified the matter as fit for Senior Counsel. Finally, the husband's application for a stay of the Court's orders made on 18 April 2013 was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Stay of Proceedings

  • Remedies

  • Appeal

Actions
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Most Recent Citation
BAGALA & SACCO [2013] FCCA 1330

Cases Citing This Decision

3

Eldred and Eldred (No 2) [2015] FamCA 188
Bagala and Sacco [2013] FCCA 1330
NORTON & LOCKE [2013] FCCA 1259
Cases Cited

11

Statutory Material Cited

2

Penfold v Penfold [1980] HCA 4
Norbis v Norbis [1986] HCA 17
Mallet v Mallet [1984] HCA 21