Aldridge and Keaton (Costs)

FAMILY COURT OF AUSTRALIA

ALDRIDGE & KEATON (COSTS) [2010] FamCAFC 78

FAMILY LAW - APPEAL – COSTS – Where the respondent seeks costs in the amount of $29,395.00 – Where the appellant seeks that each party pay their own costs or that the respondent be granted a costs certificate – Where circumstances warrant a departure from s 117(1) of the Family law Act 1975 – Where the appellant was wholly unsuccessful in the appeals – Parties’ financial circumstances considered – Where it is appropriate that any order for costs be limited to a proportion of the costs.

Family Law Act 1975 (Cth) – s 117(1), s 117(2), s 117(2A)
Federal Proceedings (Costs) Act 1981 (Cth)
Family Law Rules 2004

O’Rourke v P & B Corporation Pty Ltd [2008] WASC 36(S) (unreported, Martin CJ, 14 March 2008)

APPELLANT: Ms Aldridge

RESPONDENT: Ms Keaton

FILE NUMBER: SYC 3130 of 2008

FIRST APPEAL NUMBER: EA 22 of 2009

SECOND APPEAL NUMBER: EA 37 of 2009

DATE DELIVERED: 21 April 2010

PLACE DELIVERED: Sydney

JUDGMENT OF: Bryant CJ, Boland & Crisford JJ

HEARING DATE: By way of written submissions filed 12 February 2010 and 1 March 2010

LOWER COURT JURISDICTION: Federal Magistrates Court

LOWER COURT JUDGMENT DATE: 9 April 2009

LOWER COURT MNC: [2009] FMCAfam 314

REPRESENTATION

COUNSEL FOR THE APPELLANT: Ms Cleary

SOLICITOR FOR THE APPELLANT: Dettmann Longworth

COUNSEL FOR THE RESPONDENT: Mr Lethbridge SC with Ms Rees

SOLICITOR FOR THE RESPONDENT: Inner City Legal Centre

Orders

1. The appellant pay two-thirds of the respondent’s costs of Appeal No EA 22 of 2009 as agreed and failing agreement as assessed under Chapter 19 of the Family Law Rules 2004.

2. The appellant pay two-thirds of the respondent’s costs of Appeal No EA 37 of 2009 as agreed and failing agreement as assessed under Chapter 19 of the Family Law Rules 2004.

IT IS NOTED that publication of this judgment under the pseudonym Aldridge & Keaton (Costs) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 22 of 2009; EA 37 of 2009
File Number: SYC 3130 of 2008

Ms Aldridge

Appellant

And

Ms Keaton

Respondent

REASONS FOR JUDGMENT

Introduction

1. On 22 December 2009 we published our reasons for judgment and dismissed the mother’s appeal against orders made by Chief Federal Magistrate Pascoe on 9 February 2009.  We concluded there was no appealable error in the Chief Federal Magistrate’s orders which provided for the applicant, Ms Keaton, to spend time with the child, B.

2. Prior to hearing the substantive appeal we heard an appeal against the Chief Federal Magistrate’s refusal to stay Order 1 of the parenting orders pending determination of the substantive appeal. 

3. We delivered our reasons in respect of the stay appeal on 19 June 2009 and dismissed that appeal.  At the same time we made the following order:

   (2)That the respondent’s costs be reserved and dealt with at the same time the Full…