Family Court: position of third parties for costs orders

Family Court: position of third parties for costs orders

In the recent Full Court of the Family Court case of Rand and others v Rand, the court considered the issue of costs between the wife and 10 third party appellants. The court considered the effect of s.117 of the Family Law Act on costs issues with third parties:

It will thus be seen that on the basis of the arguments summarised above,
that the third party appellants in both appeals seek that the respondent wife
pay their costs of the appeals, and that the wife, in turn, seeks (at least as
her primary position) that the appellants pay her costs.

The starting point in relation to costs of proceedings under the Act
is, as pointed out in the submissions on behalf of the wife, that under s
117(1)
“each party to proceedings under the Act shall bear his or her own
costs”. However, the court may make an order for costs if it is of the opinion
that the circumstances justify it in so doing, having regard to the matters in s
117(2A).

It is important to note that nowhere in s
117
is any distinction drawn expressly between, on the one
hand, the parties to proceedings who might be termed the primary or principal
parties, that is, in a case such as the present, the husband and the wife, and
on the other hand, parties who can be described as third parties. Nevertheless,
there are cases in which the fact that a party is a third party may be a matter
to which regard could be had as another relevant matter under
s 117(2A)(g).
However, in the present case, given the close business (and in some
instances, personal) relationships between the husband and the wife and the
appellant third parties (including the Liquidator given that he is the
liquidator of the family company of the husband and the wife), we do not regard
the third party status of the appellants as being a matter to which any special
regard should be had in applying s
117.
Thus, to the extent that this was a submission made in the final
submissions of the wife, we agree with it.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

3 Countries You Should Never Use for Surrogacy

When intended parents consider international surrogacy, the legal and ethical landscape can be treacherous. One government has taken a blunt but pragmatic approach: rather than issuing a blanket prohibition on overseas commercial surrogacy, it has published a short list of specific countries where surrogacy arrangements will almost certainly jeopardise a child’s legal status. That list… Read More »3 Countries You Should Never Use for Surrogacy

Self-Represented Litigant in Family Court Australia: What You NEED to Know First

Representing yourself in the Federal Circuit and Family Court of Australia is increasingly common. Cost pressures, the perceived simplicity of some disputes and a desire to stay hands-on drive many people to act without a lawyer. That can work in certain circumstances, but there are important legal and practical limits to be aware of —… Read More »Self-Represented Litigant in Family Court Australia: What You NEED to Know First

My Surrogacy Reform Wish List for Australia

Australia’s surrogacy framework is fragmented, outdated and producing avoidable harm for intended parents, surrogates and, most importantly, children. A clearer, fairer and nationally consistent approach to surrogacy law reform would reduce cost, stress and legal uncertainty while better protecting human rights and minimising exploitation. Below is a practical wish list for reform that focuses on… Read More »My Surrogacy Reform Wish List for Australia

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board