Vale and Vale and Anor (No. 3)
Case
•
[2018] FamCA 21
•22 January 2018
Details
AGLC
Case
Decision Date
Vale and Vale and Anor (No. 3) [2018] FamCA 21
[2018] FamCA 21
22 January 2018
CaseChat Overview and Summary
In *Vale and Vale and Anor (No. 3)*, Hogan J of the Supreme Court of Tasmania was required to determine applications for costs made by the Applicant following various hearings in the proceedings. The applications related to costs arising from earlier determinations on 27 November 2014 and 15 December 2014, costs thrown away due to an adjournment on 4 April 2016, and costs associated with the hearing from 14 to 17 November 2016.
The court was asked to consider the appropriate orders for costs, specifically whether the Respondent should be ordered to pay the Applicant's costs for certain applications and hearings, and to determine the quantum and method of payment for those costs. The court also had to consider the Applicant's other cost applications which were not to be granted.
Hogan J ordered that the Respondent pay the Applicant's costs of and incidental to the applications for a Location Order and a Publication Order, to be paid on a party and party basis, either by agreement or assessment, within 30 days of agreement or assessment. The Respondent was also ordered to pay the Applicant's costs thrown away as a result of the adjournment on 4 April 2016, fixed at $1,701.04, payable within 28 days. All other applications by the Applicant for an order that the Respondent pay his costs were dismissed. For costs relating to the hearing from 14 to 17 November 2016, the court established a specific procedure for parties seeking or opposing cost orders, involving the filing and service of written submissions, with the final determination to be made in Chambers.
The court was asked to consider the appropriate orders for costs, specifically whether the Respondent should be ordered to pay the Applicant's costs for certain applications and hearings, and to determine the quantum and method of payment for those costs. The court also had to consider the Applicant's other cost applications which were not to be granted.
Hogan J ordered that the Respondent pay the Applicant's costs of and incidental to the applications for a Location Order and a Publication Order, to be paid on a party and party basis, either by agreement or assessment, within 30 days of agreement or assessment. The Respondent was also ordered to pay the Applicant's costs thrown away as a result of the adjournment on 4 April 2016, fixed at $1,701.04, payable within 28 days. All other applications by the Applicant for an order that the Respondent pay his costs were dismissed. For costs relating to the hearing from 14 to 17 November 2016, the court established a specific procedure for parties seeking or opposing cost orders, involving the filing and service of written submissions, with the final determination to be made in Chambers.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Appeal
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1