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Directions hearing - costs

  • maisymoos
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24 Jul 12 #345058 by maisymoos
Topic started by maisymoos
What happens if you apply to Court for a Directions hearing for non-compliance on maintenance provisions under a Court Order?
and the other party then starts to comply due to the upcoming hearing. Would I still be able to claim costs?

I am just worried that as soon as I spend the money applying for enforcement ex will then suddenly comply with order to avoid the hearing and I have to bear the costs of application. The order hasn''t been complied with since February this year.

  • .Charles
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24 Jul 12 #345112 by .Charles
Reply from .Charles
If you give fair warning you should be able to recover your costs e.g.

You have not complied with the terms of the order. If you do not clear the arrears and continue to comply with the ongoing terms of the order within 7 days I will make an application to the court to enforce those terms. I will also seek a costs order for any legal fees and disbursements incurred as a result of such application.

Or something like that..


  • maisymoos
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24 Jul 12 #345155 by maisymoos
Reply from maisymoos
Thanks Charles will follow your advice.

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