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Section 79A

Has anyone had experience with this?

My ex just just had their application for a 79A hearing dismissed with costs to be taxed. Seems the spouses lawyer just wanted to go back to court to make some money for themselves and advised the poor applicant that they had a good chance of success. It took three years while interlocutory applications for discovery and anton pillar orders were all dismissed before the trial matter got listed.

… and now there looks like there will be an application to seek leave of the court to appeal the decision. It really never ends.

While I have a security of costs of about 250K I might have to spend all of this money just to argue what the quantum of costs would be. A 10 day hearing to argue costscan costjust as much as the trial and the 79A hearing is just as expensive and now my lawyer is pushing me to do just that.
FCWarrior said
Has anyone had experience with this?

My ex just just had their application for a 79A hearing dismissed with costs to be taxed. Seems the spouses lawyer just wanted to go back to court to make some money for themselves and advised the poor applicant that they had a good chance of success. It took three years while interlocutory applications for discovery and anton pillar orders were all dismissed before the trial matter got listed.

… and now there looks like there will be an application to seek leave of the court to appeal the decision. It really never ends.

While I have a security of costs of about 250K I might have to spend all of this money just to argue what the quantum of costs would be. A 10 day hearing to argue costscan costjust as much as the trial and the 79A hearing is just as expensive and now my lawyer is pushing me to do just that.
Anton Pillar orders in family law! Your ex certainly seems to have it in for you to go to that extreme.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
What is an anton pillar order?
dcell said
What is an anton pillar order?
Anton Piller order - Wikipedia, the free encyclopedia

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 

Expensive costs?

Why would you need to argue costs when the dispute appears to be between your ex and your ex's legal representatives. In what way are you enticed to be more than a spectator?

What were the grounds of dismissal for the 79A application? In what regard was the legal advice deficient?

The failure to successfully run applications in a case for Anton Pillar and other orders would be a flag for most in respect of the capacities of counsel.

Have you run your own case? To have a substantial security of costs suggest you chose counsel well or are a SRL of means. Either way the event has an interesting side to it.

Did your ex then run a taxation of costs using other legal counsel? It is hard to see how a costs hearing can go 10 days. Couldn't imagine the court being receptive to such machinations. Has legal advise and documentation between legal representatives and the ex been revealed?

What grounds for appeal are being employed by your ex? If the 79A application was unsuccessful what track are they on?

We are here to learn as well as share experiences, so, we await, your postings, with interest.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
79A hearings need to be defended, even if one side claims she was given bad advice…..

For instance, we need to have the QC she had at the time cross examinined in a witness box to ascertain that he fully explained to her what the terms of her settlement really meant. Consent has to be and informed consent.

Further, the wife is of asian descent and argues that she was not afforded an interpreter. So, a linguistics expert has to examine her to ascertain where it would have been possible for her to understand the document she signed if it was explained to her in english.

The wife alleges he legal team bullied her into agreeing to the settlement. i.e. coercion.

The wife alleges non-disclosure as to the quanum of husbands financial support to his girlfriend.

All these things need to be argued over many days in court.

Interesting matter

FCWarrior

I may have located the case on Austlii and it reads very interestingly. You have been immersed in quantum litigation. The original hearing is not available to my observation, is that so?

Is the ex's appeal to be heard in relation to 79(A)?

What orders are being sought by ex? Is the hearing before a judge or the Full court?

I have the impression that First Instance hearing was pivotal on the veracity of Mr M's recall. Where after all this time does the current strategy of your ex suggest they are headed? If original solicitor has self-defeated, on what basis is the ex proceeding costs wise?

When I listen to the Sydney Full Court hearings I get a glimpse, a mere glimpse of what you are experiencing. Providing information to others who seek help here is enriched by the sharing of experiences. Assisting others to aviod the "blind alleys" is instructive.

You have experiences that will inform us. You are walking to an extent in the "way beyond" where all may not wish to venture.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
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