Other Topics - Procedure - Costs

Question:

Is the side who wins in family law proceedings entitled to get the cost of him running the case paid for by the other side ?

Answer:

According to the 1984 Civil Procedure Rules the court has discretion over ordering which side pays legal costs, although in practice it often transpires that the losing side pays the other side’s costs, which are generally set at a sum lower than the real cost, though in family proceedings it is quite common for the judge not to make a costs order, so as to refrain from aggravating relations between the parties, if future co-operation is needed. 

Question:

How does the court decide on the amount of court costs to be paid ?

Answer:

Where the court or registrar sets costs, without giving details of its calculations, it is entitled to base the amount it sets on the following : court fee, protocol and copying costs, fee for serving documents, where appropriate, stamp fee, costs in bringing witnesses (experts and laymen), and other costs as set by the chief secretary, according to material found in the court file. Other costs must be requested in writing or asked for orally in court, and approved as necessary and reasonable. The court has discretion to take into account a party's behaviour and whether he/she acted in good faith, and can 'penalize' a party who clearly acted in bad faith and unnecessarily dragged out court proceedings, or abused the system etc

Question:

I wish to get a judgment I obtained abroad against my ex-husband legally valid in Israel, too. I know my ex-husband will do everything in he can to stop me doing so. Will I be entitled to recover the cost of legal proceedings and costs I incur in Israel to have the judgment recognized and enforceable here because of his behaviour ?

Answer:

As part of your plea for the recognition of the foreign judgment you will be able to apply for costs against your ex-husband and the court will have discretion to order him to pay some or all of what you request - providing you are successful. It can certainly take your husband's behaviour into account when doing so. For example,in August 2008 Jerusalem Family Court ordered a father to pay his son 10,000 N.I.S. plus V.A.T. towards legal fees and costs incurred in getting the judgment given by the Supreme Court in the Queen's District of New York recognized in Israel . It rejected the father's claims that the plea did not meet the terms for recognition under the 1958 Recognition of Foreign Judgments Act. In addition to hiring a lawyer,the son had hired the services of an expert on foreign law, who submitted a legal opinion and gave testimony in court.

Question:

Can the family court order one of the parties to deposit money to cover costs as a condition for allowing the case to proceed ?

Answer:

Yes, it is allowed to act this way according to the Civil Procedure Rules of 1984. In a case in June 2002 the Tel Aviv Family Court ordered the plaintiff to deposit a large sum of money to cover costs before it agreed to hear evidence. He had filed for a reduction in the child maintenance he was paying for his minor daughter according to an agreement which had received the appropriate court authorisation, claiming a substantial change in his circumstances. He argued that the fund which he lived off had shrunk and his income had accordingly dropped considerably. The court stated that despite the reduction in the fund, on the face of it the plaintiff still had sufficient income to support his daughter from it – and could also seek employment. Given the fact that both sides had hired top-level lawyers to represent them, the court said that the plaintiff could only bring evidence to prove his case if he first deposited the sum or an equivalent guarantee from his bank. If he failed to do so within the set time his plea would be struck out, it held.

As a rule, if a party wishes to appeal against a judgment given against him/her, to a higher level court, he/she must deposit a certain amount of money in the court safe, to guarantee the other side's costs, should he lose. Only rarely will the court agree to waiver this, upon application. In Hague Convention child abduction cases there is a blanket exemption from depositing money before an appeal can be heard.

Question:

Is it possible that a court will order one side in family proceedings to foot the bill for the other side because of his/her behaviour ?

Answer:

Yes, this is possible, but rare. In general, while family courts refrain from ordering costs against the other side in proceedings, in order not to inflame delicate relationships, in exceptional cases it will take a stand. In February 2006, in a most extreme case , which clearly smacked of parental alienation, Tel Aviv Family Court awarded 20,000 N.I.S. + V.A.T. costs against a divorced secular father who it held had waged an unnecessary and vindictive war against his ex-wife , who had become newly religious, over their children . The parties had previously reached an agreement over custody and visitation as part of a court-authorized divorce settlement, yet he filed for custody, submitted endless other applications concerning the minors, thereby forcing costly and unnecessary legal representation on her. He did not co-operate with the professionals appointed by the court, and finally took the law into his own hands, by failing to return the minors to their mother at the end of Summer visitation, and refusing to send them to school.

Furthermore, it ordered the father to pay 70% of fees of the court appointed expert, and the mother only 30%, whereas the division is normally 50:50.