TILBURY & QUICK
Case
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[2013] FamCA 560
•18 February 2013
Details
AGLC
Case
Decision Date
TILBURY & QUICK [2013] FamCA 560
[2013] FamCA 560
18 February 2013
CaseChat Overview and Summary
In *Tilbury & Quick*, Collier J of the Family Court of Australia considered applications concerning costs. The primary dispute involved the husband's attempt to dispute an itemised bill of costs from his former solicitors out of time, and a separate application by the respondent solicitor for part-party costs in the current proceedings.
The court was required to determine whether to grant the husband an extension of time to file a notice disputing the itemised bill of costs. Additionally, the court had to consider the respondent solicitor's application for part-party costs, given the husband's complete lack of success in the proceedings.
Collier J refused the husband's application for an extension of time to dispute the bill, finding no sufficient grounds to permit the late objection. Consequently, the husband's applications, including a cross-application and an application in a case, were dismissed. The court also made no order regarding a stay of proceedings pending payment of costs related to a consent order made in the Local Court. The respondent solicitor was awarded costs in the amount of $7,000, payable by the husband within nine months.
The court was required to determine whether to grant the husband an extension of time to file a notice disputing the itemised bill of costs. Additionally, the court had to consider the respondent solicitor's application for part-party costs, given the husband's complete lack of success in the proceedings.
Collier J refused the husband's application for an extension of time to dispute the bill, finding no sufficient grounds to permit the late objection. Consequently, the husband's applications, including a cross-application and an application in a case, were dismissed. The court also made no order regarding a stay of proceedings pending payment of costs related to a consent order made in the Local Court. The respondent solicitor was awarded costs in the amount of $7,000, payable by the husband within nine months.
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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Appeal
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Limitation Periods
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Remedies
Actions
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Citations
TILBURY & QUICK [2013] FamCA 560
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Gallo v Dawson
[1990] HCA 30
Penfold v Penfold
[1980] HCA 4