This matter involved an acrimonious family law dispute that had been ongoing for over ten years. The Plaintiff, formerly known as Grazia Cambareri (“Grace”), argued for, among other things, enforcement of costs and fines against the Defendant, Rocco Cambareri (“Rocco”), her former husband.

The Court found that as a direct result of Rocco’s ongoing failure to disclose, Grace had to bring numerous Applications in an effort to secure financial disclosure. This was at a great financial and emotional expense. It also took a significant amount of Court time. The Court found that, where a party fails to disclose, the requesting party has various options available to them.

Rule 12.41(7) allows the Court to grant any remedy it deems appropriate in addition to ordering the payor to pay Costs to the recipient to fully compensate the recipient for all costs incurred in the proceeding.

Rules 10.49 and 10.50 give the Court jurisdiction to require a party, lawyer or other person to pay a penalty to the Clerk of the Court if they contravene or fail to comply with the Rules, practice notes, or direction of the Court without adequate excuse. 

Rules 10.51 and 10.53 deal with civil contempt. Where a person is declared to be in civil contempt, Rule 10.53(1) gives the Court discretion to order one or more of the listed penalties or sanctions, one of which is a fine. Rule 10.53(2) provides that the Court may also make a Costs Award against a person declared to be in civil contempt of Court.

Penalties issued under Rules 10.49 and 10.53 for contempt are not payable to the opposing party but are to be paid to the Clerk of the Court. They are directed at the public interest in the due administration of justice, not any private interest.

The Court found that it was appropriate to grant a declaration that the outstanding costs currently owing by Rocco pursuant to previous Court orders were $9,950 and those owing by Ms. Hearne, Rocco’s girlfriend and a Third Party Defendant, to be $12,875.

The remaining issue was how to deal with historic Court-ordered fines that had accumulated to substantial sums. In a previous proceeding, the Court ultimately struck the Defendant’s pleadings. It was found that the striking of pleadings was a very punitive sanction and, in light of this background, it was not appropriate to grant a declaration regarding the outstanding fines. The more appropriate forum to address Rocco and Ms. Hearne’s behaviour during the litigation was in future Costs submissions.