Monday, 4 August 2008

Family Court case: $50,000 security for costs

The Full Court of the Family Court in the recent case of Fennessy and Gregorian (Security for Costs) had to determine applications for security costs brought by the mother, independent children's lawyer and the Department of Child Safety against the father, who was appealing from a trial judge's orders.

The court reviewed the principles in Luadaka as to security for costs, followed them, and then found that although on the one hand the father said that he had sufficient, unspecified, funds to pay for the appeal, but on the other said could not pay security for costs, and determined that a sum of $50,000 as security for costs for the other three parties was appropriate.

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