FAMILY COURT OF AUSTRALIA
| WOODLEY & TIME AND ANOR | [2008] FamCA 162 |
| FAMILY LAW – COSTS – Between party to a marriage and a third party who had a genuine interest in the property proceedings and where such proceeding between the parties to the marriage may have defeated a Mareva injunction and could have prevented a recovery of a civil judgment against one of the parties to the marriage – Consideration of rights of third parties under s117(2A) Family law Act. |
| Brown v Brown (1998) FLC 92-822 |
| APPLICANT: | MRS WOODLEY |
| 1st RESPONDENT: | MRS TIME |
| 2nd RESPONDENT: | MR TIME |
| FILE NUMBER: | LNC | 134 | of | 2007 |
| DATE DELIVERED: | 14 March 2008 |
| PLACE DELIVERED: | Hobart |
| PLACE HEARD: | Launceston |
| JUDGMENT OF: | Benjamin J |
| HEARING DATE: | 20 February 2008 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Gibson |
| SOLICITOR FOR THE APPLICANT: | Zeeman Kable & Page |
| COUNSEL FOR THE 1ST RESPONDENT: | Mr Tucker |
| SOLICITOR FOR THE 1ST RESPONDENT: | Grant Tucker |
| FOR THE 2ND RESPONDENT: | No appearance |
Orders
That the application filed 28 February 2007 and the response filed the
23 April 2007 are dismissed.IT IS NOTED
The property proceedings between the first respondent (“the wife”) and the second respondent (“the husband”) have not been determined on their merits.
IT IS FURTHER ORDERED
That the wife pay to the applicant Mrs Woodley the costs of these proceedings including the costs of the costs application. Such costs as agreed between the parties or as otherwise determined under the Family Law Rules.
All outstanding applications be and are dismissed.
All subpoenaed documents be returned to the persons or institutions from which they emanated and all exhibits are returned to the person or persons who tendered the same.
IT IS CERTIFIED
Pursuant to Rule 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend
IT IS NOTED that publication of this judgment under the pseudonym Woodley & Time and Anor is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT LAUNCESTON |
FILE NUMBER: LNC 134 of 2007
| Mrs Woodley |
Applicant
And
| Mrs Time |
1st Respondent
And
| Mr Time |
2nd Respondent
REASONS FOR JUDGMENT
INTRODUCTION
These are proceedings between the first respondent, (“the wife”), the second respondent (“the husband”) and the applicant (“Mrs Woodley”). The application heard by me on 20 February 2008 was for orders that the wife pay Mrs Woodley’s…
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- Woodley & Time and Anor [2008] FamCA 162
- Case
- [2008] FamCA 162
- Decision Date
CaseChat Overview and Summary
The court was required to determine the rights of third parties under section 117(2A) of the *Family Law Act 1975* (Cth) in relation to costs. Specifically, the court had to consider whether Mrs Woodley, as a third party with a substantial interest in the outcome of the property proceedings, should be awarded costs, given that the Family Court proceedings, if successful, would have rendered her civil judgment against the husband worthless.
Benjamin J dismissed both the application and the response. The court's reasoning, though not fully detailed in the provided text, focused on the application of section 117(2A) of the *Family Law Act 1975*, which allows for orders regarding costs in favour of a third party who has a genuine interest in property proceedings. The court's decision to dismiss the applications indicates that it found no basis for making orders for costs in favour of either party in this instance, despite Mrs Woodley's significant interest in the outcome of the Family Court proceedings.
Orders
Orders of the court
1.
That the application filed 28 February 2007 and the response filed the
23 April 2007 are dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.