Sydney, NSW -- (SBWIRE) -- 10/30/2013 -- Family law case involves the application of the husband to be indemnified for costs he incurred for parenting proceedings in which he alleges his wife to have made false statements. The Court granted the application and ordered the wife to pay to the husband within nine months a fixed amount of $3,195.
On December 15, 2004, the husband sought interim and final orders that the parties’ two daughters live with him. The wife opposed his application but the Court ruled in favour of the husband by granting him equal time with the children. It is in these proceedings that the husband alleges the wife made false statements. In deciding the application of the husband for indemnity of costs, the Court looked at the applicable law, the Family Law Act 1975 (FLA) Section 117AB. In determining whether Section 117AB applies to the proceedings for which the applicant is asking to be indemnified for his costs, Section 4 of the FLA which defines proceedings was also taken into account.
The Court was satisfied that indeed the wife knowingly made statements that were discovered to be false when the children were interviewed. The children did not corroborate the statements of the mother. Having found the mother guilty of making false statements, the issue left before the Court was how much the husband should be indemnified.
Upon looking at the financial statements of both parties, the Court found that the husband had greater income than the wife. On the other hand, the wife had assets that exceeded the husband’s. The Court considered that if it would award a more than modest costs order the wife might be forced to sell the house in which she and her children live. Thus, the Court concluded that a “proper and just costs order is that the wife pay 25 percent of the husband’s final hearing costs. This means she must pay him $3,195.” The wife was given nine months to pay and if payment is not made during such period interest will accrue.
About Alan Weiss
Alan Weiss established Aussiedivorce in 2005. Today, we are Australia leading boutique family law website. We have family lawyers nationwide ready to assist you in all areas of family law and child custody matters.
This article provides basic information only and is not a substitute f or a professional or legal advice. It is prudent to obtain legal advice from a lawyer.
Copyright © 2005-2013 - SBWire, The Small Business Newswire - All Rights Reserved - Important Disclaimer
Contact Us: 888-4-SBWIRE (US) - 920-593-5640 (International)