Published 31 July 2016
Costs — Family Proceedings Act 1980 — Family Court Rules 2002. A reserved judgment for costs was issued regarding a spousal maintenance application following disagreement between the parties over the scale amount. The Judge, after accounting for the disparity between the parties’ scale costs, determined the correct scale amount to be applied. The absence of a specific schedule applicable to Family Court proceedings under the Family Court Rules was duly noted, and parliament urged to provide amendment. The second issue to be determined was whether there should be an uplift or discount, where the Judge considered a 33.3% uplift was appropriate because of failure to prove attempts at settlement and overstatement of claim.
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