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.

Things to Read, Watch & Listen

Embracing Wellness in Your Daily Routine for Fertility

American guest author Ashley Taylor has written an interest article about having a holistic approach to maintaining your health and addressing fertility issues: In the journey toward maintaining your health and addressing fertility issues, embracing a holistic approach is key. Wellness is more than just a goal; it’s a sustainable lifestyle that intertwines various aspects… Read More »Embracing Wellness in Your Daily Routine for Fertility

Consultation open: Queensland Assisted reproductive technology industry

The Regulation of Assisted Reproductive Technology Services Consultation Paper is now available and open for feedback until 25 February 2024. This follows the Minister for Health, Mental Health and Ambulance Services and Minister for Women’s commitment to regulate the assisted reproductive technology (ART) industry in Queensland by 2024. The paper is designed to help inform considerations for regulating… Read More »Consultation open: Queensland Assisted reproductive technology industry

Honouring Excellence in the Legal Profession: Queensland Law Society President’s Medal

The Queensland Law Society (QLS) President’s Medal holds significant prestige within the legal profession as it recognises exceptional solicitors who have made remarkable contributions to their field and the community. Last year, the Director of Page Provan, Stephen Page, was bestowed with this esteemed award, which is carefully judged on service to the community, legal… Read More »Honouring Excellence in the Legal Profession: Queensland Law Society President’s Medal

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