Telama and Telama & Ors
Case
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[2018] FamCA 513
•13 July 2018
Details
AGLC
Case
Decision Date
Telama and Telama & Ors [2018] FamCA 513
[2018] FamCA 513
13 July 2018
CaseChat Overview and Summary
In the matter of *Telama and Telama & Ors*, the husband sought to have the wife and three respondent lawyers dealt with for contempt, alleging a breach of the implied undertaking. One of the respondent lawyers sought to have the husband's contempt application dismissed or struck out. The court was required to determine whether the husband's application disclosed a prima facie case of contempt against any of the respondents.
Rees J determined that the husband's contempt application did not disclose a prima facie case against any of the respondents. Consequently, the court dismissed the contempt application in its entirety.
The court ordered that the husband's Amended Contempt Application be dismissed. Further, the husband's applications seeking to join two of the lawyers as respondents were also dismissed. In relation to costs, the husband was ordered to pay the wife's costs on a solicitor and client basis for the contempt applications. The husband was also ordered to pay the costs of the other two respondent lawyers on a party and party basis for various applications and responses filed in the proceedings.
Rees J determined that the husband's contempt application did not disclose a prima facie case against any of the respondents. Consequently, the court dismissed the contempt application in its entirety.
The court ordered that the husband's Amended Contempt Application be dismissed. Further, the husband's applications seeking to join two of the lawyers as respondents were also dismissed. In relation to costs, the husband was ordered to pay the wife's costs on a solicitor and client basis for the contempt applications. The husband was also ordered to pay the costs of the other two respondent lawyers on a party and party basis for various applications and responses filed in the proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Breach
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Standing
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Remedies
Actions
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Citations
Telama and Telama & Ors [2018] FamCA 513
Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
0
Hearne v Street
[2008] HCA 36
Hearne v Street
[2008] HCA 36
Oshlack v Richmond River Council
[1998] HCA 11