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Key decisions

  • Benard & Eames and Anor [2020] FamCAFC 47
  • Chan & Chih [2020] FamCAFC 31
  • Findlay & Reis [2020] FCCA 425
  • Metzer [2020] FCCA 119 


Indemnity costs against solicitor – client’s application had no chance of success

In Benard & Eames and Anor [2020] FamCAFC 47 (5 March 2020) the Full Court (Alstergren CJ, Strickland & Kent JJ) dismissed with costs of $18,000 an appeal by a solicitor ordered to pay indemnity costs. The solicitor acted for the father in an application for a credit of third party payments made for the parties’ children under s 123 of the Child Support (Assessment) Act 1989 and an order under s 66M of the Family Law Act 1975 that he has a lawful duty to maintain his step-children (the children of his new partner).

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