FAMILY COURT OF AUSTRALIA
| ZEGNA & ZEGNA | [2020] FamCA 192 |
| FAMILY LAW – COSTS – Between parties – costs claim made by the mother against the father in respect of a parenting application – where the father has contravened orders made by court in Spain – Spain a signatory to the Hague Convention – parenting application was filed by the father in circumstances where this Court had already determined it was not the proper forum to hear parenting applications between the parties – where the father failed to comply with s 60I of the Family Law Act1975 (Cth) – where the conduct of the father justified the making of a costs order – where costs order was made on a solicitor and client basis. |
| Family Law Act 1975 (Cth) ss 60I, 69ZK, 111B, 111CB, 111CD, 117 Family Law Rules 2004 (Cth) rr 2.02, 10.11, 19.08, 19.37 |
| Bant & Clayton (Costs) (2016) Fam LR 31 Brown v Brown (1998) FLC 92-822 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 118 ALR 248 Duckworth & Jamison [2014] Fam CA 308 D & D (Costs) (No. 2) (2010) FLC 93-435 Elliott & Zova [2009] FamCA 49 Elmi & Munro (2019) FLC 93-912 Kohan and Kohan (1993) FLC 92-340 Limousin v Limousin (costs) (2007) 38 Fam LR 478 PBF as Child Representative for AF (Legal Aid Commission of Tasmania) and TRF and LKL [2005] FamCA 158 Penfold v Penfold (1980) 144 CLR 311 Prantage & Prantage (2013) FLC 93-544 Prantage & Prantage (Costs) [2014] FamCA 850 Sfakianakis and Sfakianakis (2019) 59 Fam LR 419 Stoian & Fiening (Costs) [2014] FamCA 944 Tomlinson v Ramsey Food Processing Pty Limited (2015) 256 CLR 507 Zegna v Zegna (2015) 55 Fam LR 134; [2015] FamCA 340 |
| APPLICANT: | Mr Zegna |
| RESPONDENT: | Ms Zegna |
| FILE NUMBER: | SYC | 3648 | of | 2011 |
| DATE DELIVERED: | 3 April 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Harper J |
| HEARING DATE: | Written Submissions |
| DATE OF LAST SUBMISSION: | 7 February 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Zegna |
| SOLICITOR FOR THE APPLICANT: | Burke & Mead Lawyers |
| SOLICITOR ADVOCATE FOR THE RESPONDENT: | Mr Wahab |
| SOLICITOR FOR THE RESPONDENT UNTIL 6 JANUARY 2020: | York Law |
| SOLICITOR FOR THE RESPONDENT FROM 24 JANUARY 2020 ONWARDS: | Barkus Doolan |
Orders
That within 28 from the date of these Orders the father pay the mother’s costs of and incidental to the parenting orders sought in the father’s Third Amended Initiating Application filed on 2 August 2018 on a solicitor and client basis, with such costs to be fixed in the sum of $6,975.25.
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 Zegna & Zegna 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…
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- Case
- [2020] FamCA 192
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the determination of costs in relation to the parenting orders sought by the father. Specifically, the court was required to decide on the basis and quantum of the costs to be paid by the father to the mother.
Harper J ordered that the father pay the mother's costs of and incidental to the parenting orders sought in the father's Third Amended Initiating Application. These costs were to be assessed on a solicitor and client basis and were fixed at the sum of $6,975.25. This payment was to be made within 28 days from the date of the orders.
Orders
Orders of the court
1.
That within 28 from the date of these Orders the father pay the mother’s costs of and incidental to the parenting orders sought in the father’s Third Amended Initiating Application filed on 2 August 2018 on a solicitor and client basis, with such costs to be fixed in the sum of $6,975.25.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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