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View topic: Without Prejudice save as to costs – Family Law Web Guide
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Without Prejudice save as to costs

what does the above statement mean

Hi

Can someone tell me what the term Without Prejudice save as to costs means on a letter that is discussing only parenting orders, where financial orders have been completed 12 months prior. Does this mean i have to pay her legal costs if i loose, if there is a looser in parenting orders.

Thanks


 
While, typically, parenting orders do not result in costs solicitors often put this clause in to scare people.

If your court case is in play (regarding parenting orders) and you have to contravene a party, be warned, you are at risk of paying costs if the party wins the contravention and the punishment for the contravention has a criminal element associated with it.

I also believe that if it can be shown you are being vexatious, you may be at risk of costs as well. Perhaps Agog can help out on this point.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Does this mean that if i am representing myself to reduce costs, that if she is awarded certain orders she can ask for me to pay her legal fees even though i am only the respondant ?
http://www.fmc.gov.au/pubs/html/costs_fl.html

See above for the link regarding costs. Typcially, costs are not awarded in family law - unless the magistrate orders it.

If you contravene her on a matter that has a significant penalty to it, and the magistrate rules against you, you may have to pay her costs (for her representation on that single matter).

It is highly unlikely that you would go into a normal hearing and have to pay her costs. BUT as there is a slim possibility, it is best to understand this. If the magistrate feels that you have been vexatious (ie made the trail take much longer than necessary) he could award costs against you.

You would have to be pretty rude, difficult and argumentative with the magistrate. In fact, the magistrate will warn you if your behaviour is out of line.

I don't mean to scare you, it is highly unlikely, but you need to know the reality.

If you don't have many funds, you can plead that to the magistrate and they will make the order for costs appropriate. You can also request that you pay the costs on a payment plan - say $50 a fortnight, if you are a low income earner.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
The idea the the lawyer is trying to put to the Magistrate through this letter is that - The Case they are mounting is so transparently obvious that you are OBVIOUSLY being difficult and wasting the courts time - so they will be arguing for costs if they win.

If your position is that you believe you have a good case - not only legally and morally - then if you express that (and that you are not being vexatious) - then they may help your argument - if the case goes against you and they go for costs.

Its pretty normal to use 'Costs' as a weapon but its is also not usually awarded in custody cases.

I won my case years ago - she spent 50,000 I spent 70,000 - my lawyer just laughed when i said I wanted costs. Maybe it works differently for women?

 Maybe I am not explaining myself well enough
Without prejudice also means that the letter contents is not an admissible document - unless there is a costs argument.

The costs issue is a 'furphy' - both sides usually pay their own - but one of the few times that being a defendant just may be an advantage.

Legal Aid just love to play the costs issue game

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