Vardy and Vardy (No 2)

Case

[2015] FamCA 1063

25 November 2015


Details
AGLC Case Decision Date
Vardy and Vardy (No 2) [2015] FamCA 1063 [2015] FamCA 1063 25 November 2015

CaseChat Overview and Summary

In *Vardy and Vardy (No 2)*, the Family Court of Australia, presided over by Watts J, dealt with an application concerning costs in family law proceedings. The dispute centred on the wife's entitlement to costs from the husband following earlier orders made in the proceedings.

The primary legal issue before the court was whether the husband should be ordered to pay the wife's costs, and if so, in what amount. The court was also required to consider the timing and method of payment of any awarded costs, particularly in light of existing orders regarding the division of property.

Watts J ordered the husband to pay the wife's costs assessed at $23,000 within 28 days. This order was to be satisfied prior to the husband receiving any balance of proceeds from the sale of a property at B Street, Suburb C, should that sale occur pursuant to a previous order. The court explicitly noted that this $23,000 was in addition to two prior costs orders made in December 2012 and May 2013, totalling $4,100.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

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