QLD Federal Circuit Court - Family Law Costs Application Against Me?

Discussion in 'Family Law Forum' started by Cairns123, 12 February 2019 at 12:43 PM.

  1. Cairns123

    Cairns123 Well-Known Member

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    Hi,

    I have spent forever trying to find the relevant Federal Circuit Court rules and Law Act information about a costs application and how it is decided, but I am struggling to find the information so I can tailor my response to the necessary information.

    I have less than a month to respond and stand to lose everything. I'm SR, he has a team of lawyers and barristers.

    Any directions regarding where to go for the appropriate information would be most appreciated.

    Edit: It is not anything to do with a contravention, it is straight proceedings costs against me.

    Thanks in advance.
     
  2. Tremaine

    Tremaine Active Member

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    Housekeeping: I'm not a lawyer and this isn't legal advice.

    Section 117 of the Family Law Act pertains to applications for costs - FAMILY LAW ACT 1975 - SECT 117 Costs

    Note:
    (2A) In considering what order (if any) should be made under subsection (2), the court shall have regard to:

    (a) the financial circumstances of each of the parties to the proceedings;

    (b) whether any party to the proceedings is in receipt of assistance by way of legal aid and, if so, the terms of the grant of that assistance to that party;

    (c) the conduct of the parties to the proceedings in relation to the proceedings including, without limiting the generality of the foregoing, the conduct of the parties in relation to pleadings, particulars, discovery, inspection, directions to answer questions, admissions of facts, production of documents and similar matters;

    (d) whether the proceedings were necessitated by the failure of a party to the proceedings to comply with previous orders of the court;

    (e) whether any party to the proceedings has been wholly unsuccessful in the proceedings;

    (f) whether either party to the proceedings has made an offer in writing to the other party to the proceedings to settle the proceedings and the terms of any such offer; and

    (g) such other matters as the court considers relevant.
     
  3. Atticus

    Atticus Well-Known Member

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    Did the application when served come with a copy of a supporting affidavit?

    If so, the 'grounds' on which the application is based should be set out... That should help form the basis of your response...

    Probably a time you will actually need some good legal advice
     
  4. Rod

    Rod Well-Known Member
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    The important section is 117(1) which says each party pays their own costs.

    To overcome this hurdle there has to be some fairly significant 'wrongdoing' by you. This wrongdoing needs to set out in the other party's application. Read what they are claiming, look at what was posted above and tell me what parts of S117(2), (2A) etc are likely to factors.

    Courts are generally reluctant to award costs against a party in a family law matter but will do so if they seen this person as frustrating the court processes.

    It is not unusual for lawyers to make a claim for costs, what is unusual is them getting it. But having said that you do need to address the claims and respond appropriately.

    If you really need help with a response I can organise lawyers to read through the claim and your proposed response. Saves some money but is not as good as having a lawyer represent you.
     
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