Event and Time
Event Description
The case involves a dispute regarding the quantum of costs to be paid by the first named respondent (the de facto wife) to the applicant (the de facto husband) in a family law matter. An order for costs was previously made, and the exact amount due to the applicant became the focal point of the dispute.
Application and Claims
The applicant filed for costs associated with paragraphs 1 and 3 of a Response to an Initiating Application submitted on February 21, 2020. The applicant submitted a claim for the payment of $41,517.72, based on his incurred legal costs.
Judicial Decisions
- The court ordered the first named respondent to pay the applicant's costs of $41,517.72.
- The applicant's broader application for costs was dismissed and removed from the hearing list.
Dispute Points and Legal Basis
Dispute Points
- Claim by Applicant: The applicant sought $41,517.72 in costs calculated on a party-and-party basis from the de facto wife, supporting his financial claim with an affidavit detailing legal expenses amounting to a total of $79,001.
- Response by First Named Respondent: The de facto wife did not submit formal submissions but communicated her disagreement with the costs sought via a letter citing her inability to verify the figures presented due to language barriers and inconsistent figures seen in the past.
- Evidence and Arguments:
- The applicant's solicitor provided a detailed breakdown of costs, asserting the amount sought was reasonable and valid under the Family Law Rules. - The de facto wife's argument hinged on her lack of understanding of the submitted figures and the perceived discrepancies in amounts claimed by the husband.