Venson and Venson (Costs)
Case
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[2009] FamCA 1250
•18 December 2009
Details
AGLC
Case
Decision Date
Venson and Venson (Costs) [2009] FamCA 1250
[2009] FamCA 1250
18 December 2009
CaseChat Overview and Summary
In the matter of Venson and Venson (Costs), Justice Austin of the Supreme Court of New South Wales was required to determine an application for costs following earlier proceedings between the parties. The dispute concerned the allocation of legal costs incurred by the mother in relation to the father's Further Amended Application for Final Orders filed on 24 July 2008.
The central legal issue before the court was the extent to which the father should be ordered to pay the mother's costs. This involved considering the specific periods during which the mother's costs were to be included in the assessment, as well as the basis upon which those costs should be determined.
Justice Austin ordered that the father pay the mother's costs of and incidental to his Further Amended Application for Final Orders on a party/party basis. However, the court significantly limited the scope of these costs, confining them to specific periods: from 23 February 2005 to 29 August 2006, from 14 May 2008 to 3 June 2008, from 4 August 2008 to 3 November 2008, and on the first day of trial on 5 August 2009. The final sum payable was to be agreed between the parties or assessed by the court.
The central legal issue before the court was the extent to which the father should be ordered to pay the mother's costs. This involved considering the specific periods during which the mother's costs were to be included in the assessment, as well as the basis upon which those costs should be determined.
Justice Austin ordered that the father pay the mother's costs of and incidental to his Further Amended Application for Final Orders on a party/party basis. However, the court significantly limited the scope of these costs, confining them to specific periods: from 23 February 2005 to 29 August 2006, from 14 May 2008 to 3 June 2008, from 4 August 2008 to 3 November 2008, and on the first day of trial on 5 August 2009. The final sum payable was to be agreed between the parties or assessed by the court.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
Micallef v ICI Australia Operations Pty Ltd
[2001] NSWCA 274
Maitland v Nationwide News Pty Ltd
[2004] NSWCA 155
Gallo v Dawson
[1990] HCA 30