FAMILY COURT OF AUSTRALIA
| TAMSON & MORITZ (NO. 2) | [2019] FamCA 799 |
| FAMILY LAW – COSTS – Where application for costs made by the husband – Consideration of applicable principles – Where question of indemnity costs not enlivened – Where in the circumstances no justifying circumstances to displace the general rule as to costs – Where application dismissed. |
| Family Law Act 1975 (Cth) s 117 Family Law Rules 2004 (Cth) r 19.18 |
| Beach Petroleum NL v Johnson (No 2) (1995) 135 ALR 160 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Collins & Collins (1985) FLC 91-603 Greedy & Greedy (1982) FLC 91-250 Harris & Dewell and Anor (No.2) [2018] FamCAFC 180 Hawkins & Roe [2012] FamCAFC 77 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Luadaka & Luadaka (1998) FLC 92-830 Munday v Bowman(1997) FLC 92-784 Parke & the Estate of the Late A Parke (2016) FLC 93-748 Penfold v Penfold (1980) 144 CLR 311 |
| APPLICANT: | Ms Tamson |
| RESPONDENT: | Mr Moritz |
| FILE NUMBER: | PAC | 3629 | of | 2017 |
| DATE DELIVERED: | 31 October 2019 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | By way of written submissions last received on 3 October 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Rosic |
| SOLICITOR FOR THE APPLICANT: | Rowlandson & Co Solicitors |
| COUNSEL FOR THE RESPONDENT: | Mr Campton SC with him Mr Gardiner |
| SOLICITOR FOR THE RESPONDENT: | Coleman Greig Lawyers |
Orders
That the de facto husband’s application for costs of and incidental to the application for variation of spouse maintenance be 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 Tamson & Moritz 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 PARRAMATTA |
FILE NUMBER: PAC 3629 of 2017
| Ms Tamson |
Applicant
And
| Mr Moritz |
Respondent
REASONS FOR JUDGMENT
The application for determination is an application for costs arising out of orders made 15 August 2019.
In brief, the primary application was an application by the former de facto wife to vary the terms of a spouse maintenance order made by consent on 1 September 2017. Reasons for judgment were delivered and familiarity with those reasons for judgment is assumed in the context of this determination: Tamson & Moritz [2019] FamCA 552.
Relevantly, the order made on 15 August 2019 was that the de facto wife’s application for variation of spouse maintenance be dismissed.
Subsequent to that dismissal, the respondent de facto husband made an application for an order for costs by way of written submissions filed 12…
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- AGLC
- Tamson and Moritz (No 2) [2019] FamCA 799
- Case
- [2019] FamCA 799
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the de facto husband should be awarded the costs of and incidental to his application for variation of spouse maintenance.
Foster J dismissed the de facto husband's application for costs. The reasons for this decision are not detailed in the provided text, but the outcome indicates that the court found no grounds to award costs in favour of the de facto husband in relation to the spouse maintenance variation application.
Orders
Orders of the court
1.
That the de facto husband’s application for costs of and incidental to the application for variation of spouse maintenance be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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