FAMILY COURT OF AUSTRALIA
| THEODOROU & THEODOROU (NO. 2) | [2020] FamCA 729 |
| FAMILY LAW – COSTS – Where applications for costs made by both the applicant husband and the respondent wife – Where consideration of applicable principles – Where costs applications dismissed. |
| Family Law Act 1975 (Cth) s 117 Family Law Rules 2004 (Cth) r 19.18 |
| Anison & Anison [2019] FamCAFC 108; (2019) FLC 93-908 Beach Petroleum NL v Johnson (No 2) (1995) 135 ALR 160 Bele & Vaughan (Costs) [2012] FamCAFC 198 Collins and Collins (1985) FLC 91-603 Greedy and Greedy (1982) FLC 91-250 Hawkins & Roe [2012] FamCAFC 77 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Lenova & Lenova (Costs) [2011] FamCAFC 141 Luadaka v Luadaka (1998) FLC 92-830 Parke & the Estate of the Late A Parke (2016) FLC 93-748 Penfold v Penfold (1980) 144 CLR 311 Phillips & Hansford [2020] FamCAFC 28; (2020) FLC 93-941 Theodorou & Theodorou [2020] FamCA 251 |
| APPLICANT: | Mr Theodorou |
| RESPONDENT: | Ms Theodorou |
| FILE NUMBER: | PAC | 5644 | of | 2018 |
| DATE DELIVERED: | 3 September 2020 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | By way of written submissions last received 18 August 2020 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | York Law Family Law Specialists |
| SOLICITOR FOR THE RESPONDENT: | Watts McCray |
Orders
That the parties’ applications for costs 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 Theodorou & Theodorou 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 5644 of 2018
| Mr Theodorou |
Applicant
And
| Ms Theodorou |
Respondent
REASONS FOR JUDGMENT
On 17 April 2020 the Court made final orders as to property following a three‑day defended hearing as between the primary applicant wife and the primary respondent husband.
Those orders were as follows:
(1)That within four months from the date of these orders the wife pay to the husband the sum of $705,000 and in consideration of such payment the husband do all things necessary to transfer all his interest in the property at F Street, Suburb G (“the Suburb G property”) to the wife.
(2)That in default of the wife complying with Order 1 by the due or a later date agreed to by the husband and wife in writing, then the husband and wife shall forthwith do all things necessary to sell the said property at the best price reasonably obtainable and pay the net proceeds of sale such as to effect an overall division of the asset pool as…
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- Case
- [2020] FamCA 729
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the determination of whether either party should be awarded costs, and if so, on what basis, given the applications made by both.
Foster J dismissed both parties' applications for costs. The judgment indicates that the court considered the applicable principles governing costs in family law proceedings and concluded that neither party was successful in their respective applications to warrant an award of costs.
Orders
Orders of the court
1.
That the parties’ applications for costs 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
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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