White and White (No 2)

[2019] FamCA 481

FAMILY COURT OF AUSTRALIA

WHITE & WHITE (NO. 2) [2019] FamCA 481

FAMILY LAW – COSTS – Application for costs – where final orders were made in January 2019 – where the matter involved enforcement of said orders – where the matter required two court appearances – where the issues of contention were resolved by cooperation between the parties – where the Wife says that the Husband’s actions derailed compliance with the final orders – where the Husband’s actions sit within a context of the overall difficulties experienced by the parties in compliance – where the Husband is required to  pay half of the Wife’s costs.

Family Law Act 1975 (Cth) s 117

Colgate Palmolive Co and Another v Cussons Pty Ltd (1993) 118 ALR 248
Quickley v Pelissier [2016] FamCAFC 124

APPLICANT: Ms White

RESPONDENT: Mr White

FILE NUMBER: CAC 1775 of 2015

DATE DELIVERED: 19 July 2019

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 12 July 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Howard

SOLICITOR FOR THE APPLICANT: Phelps Reid Foster Johnson Lawyers

SOLICITOR FOR THE RESPONDENT: Self-representing

Orders

1. The Husband pay half of the Wife’s costs of and related to her Application in a Case filed 17 April 2019 as agreed or as assessed. 

2. The Wife’s Application in a Case filed 17 April 2019 is transferred to the Registrar’s list pending finalisation of compliance and, absent further application to relist the matter, to be discharged on the parties’ advising of compliance or on the expiration of 56 days, whichever is the earlier.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym White & White has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 1775 of 2015

Ms White

Applicant

And

Mr White

Respondent

REASONS FOR JUDGMENT

1. The parties to this dispute are Ms White, the Applicant Wife, and Mr White, the Respondent Husband.  The property dispute between the parties was resolved by judgment following final proceedings delivered on 18 January 2019.

2. Issues arose regarding the implementation of the orders. One such issue arose about the terms of the superannuation order and the trustee’s ability to carry it into effect. This was dealt with by consent by the parties pursuant to s 79A(1A) of the Family Law Act 1975 (Cth) (“the Act”).

3. The balance of the matters have required two appearances to resolve.  They were ultimately resolved by cooperation between the parties.  They involved, in large part, the payment of a sum of money, the…