FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Stylianos & Stylianos [2021] FedCFamC1F 145
File number(s): SYC 4367 of 2019 Judgment of: WILSON J Date of judgment: 21 October 2021 Catchwords: COSTS– arbitration. Legislation: Family Law Act ss 13H, s 79, s 117(1) s 117(2A)(c),(d), (e), (f)
Federal Circuit and Family Court of Australia (Family Law) Rules 2021, Ch 12 and 13
Evidence Act (2008) s 128(3)
Cases cited: Bacall v Zagar [2020] FamCA 350
Byrns v Davie [1991] 2 VR 568
Fitzgerald v Fish (2005) 33 Fam LR 123
Stasiuk & Guild [2021] FamCAFC 62
Division: Division 1 First Instance Number of paragraphs: 36 Date of last submission: 30 September 2021 Place: Melbourne Solicitor for the Applicant: York Law Family Law Specialists Solicitor for the Respondent: CM Lawyers ORDERS
SYC4367 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR STYLIANOS
Applicant
AND: MS STYLIANOS
Respondent
ORDER MADE BY:
WILSON J
DATE OF ORDER:
21 OCTOBER 2021
THE COURT ORDERS THAT:
(1)The applicant’s application for costs of and incidental to this proceeding on an indemnity basis is dismissed.
(2)The applicant’s application for costs of and incidental to this proceedings on a solicitor/ client basis is dismissed.
(3)The respondent must pay the applicant’s costs of this proceeding on a party/party basis, such costs fixed in the sum of $12,500.
(4)On or before 4:00pm on 12 December 2021 the respondent must pay the applicant the sum of $12,500.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Stylianos & Stylianos has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
WILSON J
INTRODUCTION
Following the arbitration of this proceeding pursuant to orders made on 28 April 2021 I made consent orders pursuant to s 13H of the Family Law Act registering the arbitral award published on 9 April 2021.
By application in a case filed on 24 May 2021 the husband sought his costs of and incidental to this proceeding on an indemnity basis. That application came before me on 8 June 2021 on which date, by consent, orders were made adjourning the costs application to 1 July 2021 to allow the parties the opportunity of assessing the consequences of implementing the orders made by the learned arbitrator. Each party provided…
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CaseChat Overview and Summary
The legal issues the court needed to address included whether the husband's application for costs should be granted under the various subsections of s 117(2A) of the Family Law Act 1975, including considerations of the parties' conduct, the success or failure of specific issues, compliance with previous court orders, and the presence of any written offers. The husband's submissions were based on the wife's non-disclosure of her brother's estate details, failure to produce bank statements, and alleged incorrect legal arguments regarding the constructive trust on certain assets.
The court, in its reasoning, examined the husband's claims in detail. It found that while the wife did not fully comply with the pre-action disclosure and court orders, these failures did not warrant a costs order in favour of the husband under the Family Law Act. The court also highlighted that the husband's affidavit did not sufficiently demonstrate that the wife's conduct led to any significant negative outcomes or that the arbitration was unduly extended by one day due to the subpoenae. Ultimately, the court dismissed the husband's application for indemnity and solicitor-client costs but ordered the wife to pay the husband's costs of the proceeding on a party/party basis, fixed at $12,500.
Orders
Orders of the court
SYC4367 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR STYLIANOS
Applicant
AND:
MS STYLIANOS
Respondent
ORDER MADE BY:
WILSON J
DATE OF ORDER:
21 OCTOBER 2021
THE COURT ORDERS THAT:
(1) The applicant’s application for costs of and incidental to this proceeding on an indemnity basis is dismissed.
(2) The applicant’s application for costs of and incidental to this proceedings on a solicitor/ client basis is dismissed.
(3) The respondent must pay the applicant’s costs of this proceeding on a party/party basis, such costs fixed in the sum of $12,500.
(4) On or before 4:00pm on 12 December 2021 the respondent must pay the applicant the sum of $12,500.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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