FAMILY COURT OF AUSTRALIA
| WILLIAMS & WILLIAMS (NO 2) | [2007] FamCA 881 |
| FAMILY LAW – COSTS |
| Family Law Act 1975 (Cth) s 117(1); (2); (2A); (2A)(f); (2A)(g) |
| APPLICANT: | Ms Williams |
| RESPONDENT: | Mr Williams |
| FILE NUMBER: | NCF | 680 | of | 2004 |
| DATE DELIVERED: | 13 August 2007 |
| PLACE DELIVERED: | Parramatta |
| JUDGMENT OF: | Watts J |
| HEARING DATE: | 17 May 2007 & 21 June 2007 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Mullane & Lindsay |
| COUNSEL FOR THE RESPONDENT: | Carl Boyd |
Orders
The husband pay to the wife, on a party/party basis, one half of the wife’s costs incurred in these proceedings from 3 August 2004 as agreed or assessed.
Either party have liberty to relist this matter on seven (7) days notice in respect of the costs of this application.
NOTATION:
It is certified that it was reasonable to have engaged a lawyer as Counsel to attend the hearing.
The judgment of the Honourable Justice Watts delivered this day will for all publication and reporting purposes be referred to as Williams & Williams.
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: NCF. 680 of 2004
| Ms Williams |
Applicant
And
| Mr Williams |
Respondent
REASONS FOR JUDGMENT
INTRODUCTION
The wife filed an application in a case on 24 March 2006.
The order that she sought was:-
The husband pay the wife’s costs of the proceedings relating to property settlement and of this costs application.
Proceedings for alteration of property between the wife and the husband were heard by me on 8, 9, 10 and 15 February 2007. Judgement was delivered on 24 February.
The husband appealed the orders made. That appeal was heard by the Full Court in March 2007 and dismissed by an order dated 11 April 2007.
This costs application originally came before me on 26 July 2006. There was no appearance on that day by either party. I noted on that day that the appeal had come before Coleman J for procedural hearing on 23 June 2006. Order number 6 made that day was that the costs of and incidental to these proceedings be reserved for the Full Court. I commented on 26 July 2006 that I was unsure exactly what that order meant but noted that it seemed that the solicitors for either side interpreted that order to mean that the costs application that is before me now would not be dealt with until the Full Court dealt with the appeal.
Accordingly on 26 July 2006 I stood the application filed 24 March 2006 out of the list with liberty to either party to restore the application on 14 days notice. The wife has now done that.
At paragraph 166 of my reasons for judgment of 24 February 2006 I set out the effect of the orders that were made as follows:-
Asset
Wife
Husband
1.
M Pty Ltd
$72,972.00
2.
P Pty Ltd
297,503.00
3.
Wife’s loan account in P Pty Ltd
148,456.00
4.
Wife’s loan account with W Pty Ltd
15,000.00
5.
Wife’s funds at bank
11,706.00
6.
Balance of CBA joint…
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- AGLC
- Williams and Williams (No 2) [2007] FamCA 881
- Case
- [2007] FamCA 881
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to determine the proper construction of clause 6 of the deed of settlement, specifically whether the payments made by the respondent were in breach of the obligations undertaken by them under that clause. This involved an analysis of the language used in the deed and the surrounding circumstances to ascertain the parties' intentions.
Watts J reasoned that the plain language of clause 6, when read in its entirety and in context with the rest of the deed, did not prohibit the payments made by the respondent. The court applied principles of contractual interpretation, focusing on the ordinary meaning of the words used and the overall purpose of the deed. The judge found that the respondent's actions were consistent with their obligations under the settlement agreement, and therefore, no breach had occurred.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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