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NOTICE ALERT IN LIGHT OF COVID-19
WHAT WE PROPOSE AND HOW WE CAN ASSIST
At Watson & Watson our clients come first. Please be assured of our continued dedicated services to all current and new clients.
As we have done in the past, we will continue to offer alternative conferencing methods ie video conferencing, skype or telephone conferences. Reviewing of all documentation provided to us prior to any initial conference will be all inclusive of our set fee. Do not hesitate to contact Shereen Da Gloria on (02) 9221 6011 should you have any concerns.
In cases decided under the Family Law Act the general principal is that the Family Court does not make an order that one party to the proceedings will pay the other party’s costs of the proceedings. Usually each party is to pay their own legal costs. However, there are exceptions to this general principal. Section 117 of the Family Law Act provides the circumstances in which the Court may order one party to pay the other party’s costs.
What will the Judge consider in deciding whether one party will pay the other party’s coss of the proceedings?
Before a Judge makes a costs order that one party pay the other party’s costs, the Judge gives each party an opportunity to put their case forward as to why the Judge should or should not make such a costs order.
The Judge must be satisfied that there are circumstances which justifies the making of the order having regard to the Family Law Act and the cases dealing with the Act. The Court will consider those factors referred to in Section 117(2A) of the Act namely:
A party seeking a costs order can make an application either during the case if appropriate or within 28 days of the final determination of the matter.
How can I protect myself against a Costs Order and/or improve my opportunity of obtaining a Costs Order in my favour?
Firstly, a party can put themselves at risk that he or she will be ordered to pay the other party’s costs order in the event that:
What is required to make the application?
If one party makes an Application for Costs then it is critical that the appropriate evidence be put before the Court to enable the Court to consider all the relevant matters to determine such an application. The order that will be made by the Court will depend on the conduct of the parties and what is said that a party should not have done or should have done which results in the consideration of the costs order. It is critical if you are making the application or defending the application to take this aspect seriously and prepare the appropriate evidence.
What costgs may be payable?
The Court could order a party to pay costs of the other party:
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