Federal Magistrates Court cases: costs

The Federal Magistrates Court has shown in three recent cases that it is prepared to make orders for costs. Parties often come to the Family Court or the Federal Magistrates Courts expecting that no costs orders will be made. These cases are good illustrations of when costs orders are made. In Spring and Spring, the… Read More »Custom Single Post Header

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Federal Magistrates Court cases: costs

The Federal Magistrates Court has shown in three recent cases that it is prepared to make orders for costs. Parties often come to the Family Court or the Federal Magistrates Courts expecting that no costs orders will be made. These cases are good illustrations of when costs orders are made.

In Spring and Spring, the parties consented to final orders concerning their child, but within a few weeks the wife commenced proceedings all over again, only to finally withdraw them. She was ordered to pay $2,000 to the husband.

In Valadez and Valadez, the husband had been dishonest in his disclosure, the wife had been wholly successful in her application, and had beaten offers that she had made. The husband was ordered to pay the wife $10,445 in costs.

In Wolfe and Wolfe, the husband offered that he receive 40% of the property, which is the exact percentage he received after a trial. Not surprisingly, the wife was ordered to pay the husband’s costs, of $6,965.

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART