Sunday, 15 June 2008

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.

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