Zhou and Wei (No. 2)
Case
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[2018] FamCA 859
•25 October 2018
Details
AGLC
Case
Decision Date
Zhou and Wei (No. 2) [2018] FamCA 859
[2018] FamCA 859
25 October 2018
CaseChat Overview and Summary
In *Zhou and Wei (No. 2)*, the wife sought costs orders against the husband following proceedings in the Family Court of Australia. The wife's application was for costs on an indemnity basis, or in the alternative, on a party-party basis.
The central legal issue before Cronin J was whether there were any unusual circumstances to justify a departure from the general principle that costs follow the event, as enshrined in section 117(1) of the *Family Law Act 1975* (Cth). This question arose in the context of the court's prior determination of the matter on the balance of convenience.
Cronin J reasoned that the fact the matter was ultimately determined on the balance of convenience did not, in itself, constitute an unusual circumstance warranting a departure from the usual costs principles. Consequently, the wife's application for costs on an indemnity basis, and in the alternative, on a party-party basis, was dismissed. The husband's responsive submission, interpreted as a further application for costs, was also dismissed.
The central legal issue before Cronin J was whether there were any unusual circumstances to justify a departure from the general principle that costs follow the event, as enshrined in section 117(1) of the *Family Law Act 1975* (Cth). This question arose in the context of the court's prior determination of the matter on the balance of convenience.
Cronin J reasoned that the fact the matter was ultimately determined on the balance of convenience did not, in itself, constitute an unusual circumstance warranting a departure from the usual costs principles. Consequently, the wife's application for costs on an indemnity basis, and in the alternative, on a party-party basis, was dismissed. The husband's responsive submission, interpreted as a further application for costs, was also dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Procedural Fairness
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Citations
Zhou and Wei (No. 2) [2018] FamCA 859
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
Henry v Henry
[1996] HCA 51
Harris & Dewell (No 2)
[2018] FamCAFC 180
Prantage & Prantage
[2013] FamCAFC 105