Tyrell & Tyrell (No 2)

Case [2022] FedCFamC2F 1466


Federal Circuit and Family Court of Australia

(DIVISION 2)

Tyrell & Tyrell (No 2) [2022] FedCFamC2F 1466

File number(s): CAC 103 of 2020
Judgment of: JUDGE W J NEVILLE
Date of judgment: 2 November 2022
Catchwords:  FAMILY LAW – COSTS - Parenting and property – costs dealt with by consent by written submissions after delivery of final judgment – Wife seeks Husband pay her costs of the financial proceedings only with no account of the parenting aspect of the litigation – fraudulent and misleading conduct by the Husband established at trial – significant additional costs incurred due to obfuscation and evasion of Husband – lack of disclosure by the Husband and his solicitor – offer of settlement not responded to by Husband – costs sought on alternative bases for either fixed sum of $200,000 or indemnity basis as agreed or taxed – Wife represented on deferred fee basis – Husband ordered to pay costs  
Legislation: Family Law Act 1975 (Cth) s 117(1). 117(2)
Cases cited:

Byrnes v Kendle (2011) 243 CLR 253

Change v Su (2002) 170 FLR 244

Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225

Hawkins & Roe [2012] FamCAFC 77

Leslighter v Fitzgerald-Stevens (2013) 47 Fam LR 384

Orr v Ford (1989) 167 CLR 316

Tyrell & Tyrell [2022] FedCFamC2F 1214

Stephens v Stephens (2011) 44 Fam LR 117

Wrenstead & Eades (2016) FLC 93-697

Division: Division 2 Family Law
Number of paragraphs: 30
Date of last submission/s: 5 October 2022
Date of hearing: On the papers in Chambers
Place: Canberra
Counsel for the Applicant Mr R Thomas
Solicitor for the Applicant Falcon Legal Canberra
Counsel for the First Respondent Ms R Curran
Solicitor for the First Respondent Farrar Gesini Dunn
Solicitor for the Second Respondent Fitzgerald Naylor Lawyers
Solicitor/Advocate as the Independent Children’s Lawyer Mary Burgess

ORDERS

CAC 103 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR TYRELL
Applicant

AND:

MS TYRELL
First Respondent

MS B TYRELL
Second Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:

JUDGE W J NEVILLE

DATE OF ORDER:

2 NOVEMBER 2022

ON A FINAL BASIS, THE COURT ORDERS THAT:

1.Pursuant to Section 117(2) of the Family Law Act 1975 (Cth), the Applicant pay the First Respondent’s costs of, and incidental to, the financial proceedings, fixed in the sum of $155,000.00, being $125,000.00 for solicitor’s costs and $30,000 for Counsel’s fees by no later than 31st January 2023.

2.In the absence of any Application by the Applicant or his lawyer within 14 days, being by 16 November 2022, pursuant to Order 28 of the Orders dated 14 September 2022 in relation to the “Mr F” issue detailed in the principal judgment, the Applicant and his lawyer must jointly pay the First Respondent the sum of $8,500.00 by 20th December 2022.

AND THE COURT NOTES THAT:

A.If the Applicant and the Second Respondent apportion these costs between them, the Applicant is to pay two-thirds and the Second Respondent pay one-third.

Continue reading Tyrell & Tyrell (No 2)

Sign in free to access the full text

Details
AGLC
Tyrell & Tyrell (No 2) [2022] FedCFamC2F 1466
Case
[2022] FedCFamC2F 1466
Decision Date

CaseChat Overview and Summary

Tyrell & Tyrell (No 2) was a family law case before the Federal Circuit and Family Court of Australia. The proceedings concerned parenting and property matters. The Court had already determined orders relating to parenting and property matters, and the remaining issue was the question of costs. The Wife sought an order that the Husband pay her costs of the financial proceedings. The Wife sought her costs on an indemnity basis, or in the alternative, a fixed sum of $200,000 or assessed on a solicitor/client basis. The Husband submitted that each party should bear their own costs, and that the Wife's costs were excessive and disproportionate. The paternal Grandmother also submitted that the Wife's costs were excessive and disproportionate. The Court accepted the submissions of the Wife and ordered that the Husband pay the Wife's costs of the financial proceedings. The Court considered that the Husband's fraudulent and misleading conduct, lack of disclosure, and evasiveness warranted a costs order in the Wife's favour. The Court found that the Wife was largely successful in the proceedings, and ordered that the Husband pay $155,000 in respect of the Wife's costs. The Court also made an order that the Husband pay $8,500 in respect of costs relating to the late disclosure of certain documents.

Orders

Orders of the court

Full text does not contain this section.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.