Tsocas and Rilak

[2017] FamCA 289

FAMILY COURT OF AUSTRALIA

TSOCAS & RILAK [2017] FamCA 289

FAMILY LAW – COSTS – Application by the father for costs on a party and party basis – Where the mother was aware of the father’s application for costs despite no costs assessment being filed – Where the mother was wholly unsuccessful in her Contravention Application – Where the mother’s failure to disclose information in relation to her Contravention Application is relevant in assessing costs – Orders made for the mother to pay the father $5,000 by way of costs.

Family Law Rules 2004 (Cth)

Family Law Act 1975 (Cth) s 117(2A)
Evidence Act 1995 (Cth) s 91

APPLICANT: Mr Tsocas

RESPONDENT: Ms Rilak

FILE NUMBER: SYC 2062 of 2010

DATE DELIVERED: 11 May 2017

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

HEARING DATE: IN CHAMBERS

REPRESENTATION

THE APPLICANT: Self-represented

THE RESPONDENT: Self-represented

Orders

IT IS ORDERED

1. That within 28 days the mother pay to the father the sum of $5,000 by way of costs in relation to the Contravention Application filed by her on 17 March 2016.

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 Tsocas & Rilak 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 SYDNEY

FILE NUMBER: SYC 2062 of 2010

Mr Tsocas

Applicant

And

Ms Rilak

Respondent

REASONS FOR JUDGMENT

1. On 22 July 2016, judgment was delivered and orders made in a Contravention Application filed by the mother Ms Rilak(“the mother”) alleging that the father, Mr Tsocas (“the father”), had contravened orders providing for the mother to spend time with their child.

2. At the conclusion of the hearing, the father sought costs. His submissions were made orally. The mother was not present in Court and directions were made for her to file written submissions in relation to the father’s application for costs. The father was directed to serve upon the mother an assessment of costs on a party and party basis.

3. The mother has filed written submissions and an affidavit sworn by her on 24 November 2016. She is aware of the submissions made on behalf of the father because she deposed to having a transcript of the proceedings. Further, in the reasons delivered on 22 July 2016, the father’s submissions were fully set out so that they would be available to the mother. That portion of the reasons is reproduced below for convenience.

   79. The father earns between $35,000 and $38,000 per annum. He pays $600 per week for board for himself and his two…