Event and Time
Event Description
- Appeal filed by Ms. Hyams (“the mother”) on 26 October 2018 against parenting orders made by Judge Burchardt on 2 October 2018.
- The appeal concerned claims of the mother's previous lawyer acting without instructions.
Application and Claims
- The mother claims that her appeal is justified based on the alleged failure of her former lawyer to act according to her instructions.
- The father seeks indemnity costs from the mother, arguing that the appeal was baseless and should never have been brought.
Judicial Decisions
- The appeal was dismissed due to no demonstrated error by the trial judge.
- The judge ordered the mother to pay the father’s costs related to the appeal, fixed at $2,000.
Dispute Points and Legal Basis
Dispute Points
- Mother's Arguments:
- Alleged that her lawyer did not follow her instructions, which impacted the outcome of the initial parenting orders.
- Father's Arguments:
- Contended that the appeal was doomed to fail, thus justifying his application for indemnity costs. - Presented evidence of his financial situation to support his claim for costs.
- Financial Considerations:
- The mother has a weekly maternity allowance and limited assets, while the father has similar equity in property but a higher weekly income.
Ruling and Impact
Ruling Result
- The court ruled that there was no basis for the appeal, leading to its dismissal.