Event and Time
Event Description
The case involves an appeal in family law regarding property settlement orders made by Johnston J on 18 August 2015. The appeal was brought by Ms Davalos (the wife) against these orders, which were the result of a contested hearing. The parties subsequently reached an agreement regarding the appeal.
Application and Claims
- Ms Davalos filed a Notice of Appeal against the property settlement orders made in 2015.
- Mr Davalos (the husband) conceded the appeal and requested the matter be remitted for rehearing, while seeking costs for his application.
- Ms Davalos opposed the husband's application until it was established they would agree to allow the appeal.
- Ms Davalos also sought to recover costs incurred during the appeal process.
Judicial Decisions
The appeal was allowed, and the matter was remitted for rehearing by consent of both parties. Additionally, it was ordered that Mr Davalos pay Ms Davalos’s costs of the appeal, recognizing the significant expenses incurred by her in preparing for the proceedings.
Dispute Points and Legal Basis
Dispute Points
- Husband's Claims:
- Conceded the appeal due to agreement with the wife on the need for a rehearing. - Sought an order for costs related to his application in the appeal.
- Wife's Claims:
- Initially did not agree to the concession. - Submitted evidence detailing the substantial costs incurred (including preparing an extensive amount of documentation). - Sought costs for the appeal due to having fulfilled her obligations in preparation.
- Legal Basis:
- The appeal was processed under the Family Law Act 1975 (Cth), specifically section 94(2B)(b), which allows for costs to be ordered by consent.