Atanaskovic Hartnell Corporate Services Pty Limited v Kelly

The appeal in Atanaskovic Hartnell Corporate Services Pty Limited v Kelly was heard by the Full Court of the Federal Circuit and Family Court of Australia. The appeal concerned the adequacy of the reasons provided by the primary judge in dismissing cross-claims made by the appellants, Atanaskovic Hartnell Corporate Services Pty Limited and Mr Atanaskovic, against the respondent, Mrs Kelly. The primary judge's reasons for dismissing the cross-claims were largely unattributed replications of Mrs Kelly's submissions. The Full Court found that the primary judge's extensive adoption of Mrs Kelly's submissions without attribution and without meaningful engagement with the appellants' submissions and evidence indicated that the primary judge had not made an independent decision on the whole of the evidence and the law. The Full Court concluded that the appeal should be allowed, the decisions of the primary judge set aside, and the matter remitted for rehearing. The Court also noted that it would hear submissions from the parties regarding the entitlement to a costs certificate under the Federal Proceedings (Costs) Act 1981 (Cth).