Wiltshire News
Tuesday, 27 September 2011
On 22 July 2011, the Full Court of the Family Court of Australia consisting of Justices Finn, Strickland and Ainslie-Wallace, handed down their decision in the matter of Chin & S Law Firm (No.2) having determined a costs argument, following an appeal being stuck out for want of prosecution.
The Appellant in that matter was a legal practitioner in New South Wales who had filed an appeal against Orders made by Justice Collier in the Family Court of Australia. The appeal was lodged against three (3) separate Respondents including two (2) law firms.
Notwithstanding it was his own appeal, the Appellant failed to appear at two (2) procedural hearings and the ultimate appeal hearing itself and further, failed to comply with numerous directions made by the Court throughout the course of the appeal proceedings.
The appeal, appropriately, was dismissed by the Full Court for want of prosecution[1].
The second case of the same name reported as “(No. 2)”, involved a costs application brought by the Respondents against the Appellant.
Albeit the amount claimed by the Respondents was conservative[2], the Court made the costs Order in favour of the Respondents after consideration of Section 117 of the Family Law Act.
If you are concerned your current legal representative is failing to, as my Wiltshire Lawyer colleague Mr Mallet terms it, “keep their finger on the pulse” and your family law or de facto matter is stagnant, please don’t hesitate to contact Wiltshire Lawyers for an obligation free second opinion.
We will steer your matter back on track and avoid the inaction which can lead to a negative outcome or, as Mr Chin discovered, a dismissal of a proceeding for want of prosecution and a costs Order.
Jerome Hey
Family Lawyer
Wiltshire Lawyers
Liability limited by a scheme approved under Professional Standards legislation.
This article should not be considered as either formal or informal legal advice. This article should only be read as general information relating to the particular subject matter it is written about. The information may or may not apply to the reader's particular circumstances. Wiltshire Lawyers only purport to provide legal advice to clients who have provided detailed instructions and who have formally retained our services.
[1] The Respondents sought the meagre sum of $1,100.00, inclusive of GST, in costs.
[2] A term defined in Webster’s New World Law Dictionary, 2010, Wiley Publishing Inc., as meaning “The failure of a litigant to pursue a case in a timely manner, sometimes resulting in dismissal of the case.”
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