FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Vang & Chung (No 12) [2025] FedCFamC1F 198
File number: SYC 1433 of 2020 Judgment of: HARPER J Date of judgment: 26 March 2025 Catchwords: FAMILY LAW – COSTS – Where the husband, his father who is the second respondent, and two non-party objectors seek costs for two applications brought by the wife – Where the wife did not file a Response to the applications for costs –Where the husband sought costs on an indemnity basis for the wife’s application and costs in a fixed sum for his application for costs – Where the father and the non-party objectors sought costs in a fixed sum – Where the wife was wholly unsuccessful in her Amended Application in a Proceeding – Where the wife was wholly unsuccessful in her Application for Review against one objector but partially successful against the second objector – Where the wife’s conduct and lack of success justify an order for costs in favour of the husband, the father and one objector – Where the circumstances of the wife’s conduct are exceptional and justify an award of costs on an indemnity basis in the husband’s favour – Where the husband failed to demonstrate a basis for injunctive relief against the wife – Order for the wife to pay costs of the husband’s application for costs in a fixed amount – Orders for the wife to pay the costs of the father and one objector in fixed amounts on a party/party basis. Legislation: Family Law Act 1975 (Cth) Pt VIII, ss 114, 117
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Cases cited: Atkins & Hunt (Costs) [2017] FamCAFC 131
Harding & Callaghan [2023] FedCFamC1F 91
Harris & Dewell and Anor (No 2) (2018) FLC 93-863; [2018] FamCAFC 180
Moorcroft & Moorcroft (2020) 60 Fam LR 361; [2020] FamCAFC 83
Munday and Bowman (1997) FLC 92-784
Parke & The Estate of the Late A Parke (2016) FLC 93-748; [2016] FamCAFC 248
Prantage & Prantage (Costs) [2014] FamCA 850
Vang & Chung (No 3) [2024] FedCFamC1A 199
Vang & Chung (No 3) [2024] FedCFamC1F 101
Vang & Chung (No 6) [2024] FedCFamC1F 604
Division: Division 1 First Instance Number of paragraphs: 50 Date of last submission: 13 November 2024 Date of hearing: On the papers Place: Sydney The Applicant: Did not participate Solicitor for the First Respondent: Broun Abrahams Burreket Solicitor for the Second Respondent: Mangioni Biggs + Co Solicitor for the Non-Party Objectors: Clayton Utz ORDERS
SYC 1433 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS VANG
Applicant
AND: MR CHUNG
First Respondent
MR D
Second Respondent
AC ACCOUNTANTS
Non-Party Objector
Y PTY LTD
Non-Party Objector
ORDER MADE BY:
HARPER J
DATE OF ORDER:
26 MARCH 2025
THE COURT ORDERS THAT:
1.Within 30 days, the applicant wife (“wife”) pay:
(a)The costs of the first respondent husband (“husband”) of the Amended Application in a Proceeding filed on 5 July 2024 by…
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- Vang & Chung (No 12) [2025] FedCFamC1F 198
- Case
- [2025] FedCFamC1F 198
- Decision Date
CaseChat Overview and Summary
The court found that the wife's conduct and lack of success justified an order for costs in favour of the husband, the father, and one objector. The court held that the circumstances of the wife's conduct were exceptional and justified an award of costs on an indemnity basis in the husband's favour. The husband had provided examples of the wife's purported unreasonable conduct and delinquency, such as her failure to follow the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) and her pursuit of further interlocutory applications, reviews, and appeals. The court held that the husband had demonstrated misconduct by the wife that warranted an indemnity costs order. The court awarded the husband indemnity costs in the amount of $15,614.50 for the wife's application and costs in a fixed sum of $2,000 for his own application. The court also awarded costs to the father and one objector in fixed amounts on a party/party basis.
The court ordered the wife to pay the husband's costs of his application for costs in a fixed amount of $2,000. The court also ordered the wife to pay the costs of the father and one objector in fixed amounts on a party/party basis. The court dismissed the husband's application for injunctive relief against the wife as he failed to demonstrate a basis for such relief. The court held that the wife's conduct did not warrant an award of costs to the second objector or to the husband on an indemnity basis for his application for costs.
Orders
Orders of the court
SYC 1433 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS VANG
Applicant
AND:
MR CHUNG
First Respondent
MR D
Second Respondent
AC ACCOUNTANTS
Non-Party Objector
Y PTY LTD
Non-Party Objector
ORDER MADE BY:
HARPER J
DATE OF ORDER:
26 MARCH 2025
THE COURT ORDERS THAT:
1. Within 30 days, the applicant wife (“wife”) pay:
(a) The costs of the first respondent husband (“husband”) of the Amended Application in a Proceeding filed on 5 July 2024 by the wife on an indemnity basis in the sum of $15,614.50;
(b) The costs of the husband of his Application in a Proceeding filed on 8 October 2024 seeking an award of costs fixed in the amount of $2,000.
(c) The costs of the second respondent of the Amended Application in a Proceeding filed on 5 July 2024 by the wife and his Application in a Proceeding filed on 8 October 2024 seeking an award of costs, calculated on a party/party basis and fixed in the amount of $7,692.06;
(d) The costs of AC Accountants of the wife’s Application for a Review filed on 5 July 2024 fixed in the amount of $3,447.17.
2. The Application in a Proceeding filed by the husband on 8 October 2024 and the other applications for costs the subject of these orders be dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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