[Australia][Petition granted][ application for attorney’s fees and costs]
Neiuwenhoven v Pisani, 2023 WL 3794568, (M.D. Florida, 2023)
The Court found that the minor child was
wrongfully removed from her country of habitual residence and was due to be
returned. Upon referral of Petitioner’s application for attorney’s fees and
costs recommended that Petitioner’s motion be granted in part and denied in
part and that he should be awarded attorney’s fees and costs in the total
amount of $45,210.30. This total recommended award reflects reductions for a
reasonable attorney hourly rate and a 30% reduction for financial hardship
considerations. The requested
hourly rate for Ms. Lungarelli was reduced from $495 per hour to $300 per hour,
and the requested hourly rate for Ms. Estevez was reduced from $400 per hour to
$250 per hour. Respondent
offered no documentation in support of her contentions about financial
hardship. While she stated she is not working, she did not state she was
incapable of working. Nonetheless, she had no doubt incurred considerable
expense during this litigation, her earning potential was unclear, and issues
relating to marital finances likely remain unresolved. Whatever her income, the
potential fee award in this case would be a substantial portion of it.
Moreover, in his reply to Respondent’s memorandum opposing the application for
fees, Petitioner did not dispute Respondent’s assertions regarding hardship or
regarding her strained financial circumstances
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