Wills and Wills

Case

[2007] FamCA 1234

28 August 2007


Details
AGLC Case Decision Date
Wills and Wills [2007] FamCA 1234 [2007] FamCA 1234 28 August 2007

CaseChat Overview and Summary

This matter concerned an application by the wife for costs in proceedings filed on 22 March 2007. The court, presided over by O'Reilly J, was required to determine the quantum and basis of the costs to be awarded to the wife.

The central legal issue was the extent to which the husband should be ordered to pay the wife's costs associated with her application. This involved considering whether any costs incurred or reserved on 3 April 2007, which may not have been previously accounted for, should be included in the final costs order. The court also had to determine the appropriate basis for assessment of these costs, namely the standard basis.

O'Reilly J ordered that the husband pay the wife's costs of and incidental to her application. These costs were to be assessed on the standard basis, unless otherwise agreed between the parties. The order stipulated that payment was to be made within 30 days of the costs assessment order or agreement.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Penfold v Penfold [1980] HCA 4