B and B

[1993] FamCA 51

FAMILY LAW ACT 1975

IN THE FULL COURT OF THE
FAMILY COURT OF AUSTRALI
AT BRISBANE  Appeal No. NA 17 of 1992
  File No. BR 2649 of 1991

IN THE MARRIAGE OF:

Ms B  (Appellant)

and

Mr B  (Respondent)

JUDGMENT AS TO COSTS

CORAM:          Fogarty, Baker, Purvis JJ

DATE OF ORDERS:             19 May 1993

APPEARANCES:                   Mr McGregor, (instructed by Gabriel Ruddy &
  Garrett, Solicitors,) appeared on behalf of the
  appellant wife

Mr Lyons, (instructed by Peter Wallace & Co,
  Solicitors, Q1d 4020) appeared on behalf of the
  respondent husband

Ms May, (instructed by Phillips Fox,
  Solicitors,) appeared on behalf of the
  Separate Representatives.

1

1. This appeal was heard on 29 October 1992 and judgment was reserved. On 21 December 1992 the orders of the Court were pronounced. Those orders were that the appeal was allowed, certain of the orders made on 26 May 1992 were discharged and in addition the parties and the Separate Representative were granted liberty to make written submissions as to costs within twenty-one days after the publication of the reasons for judgment.

2. The reasons for judgment were published on 15 February 1993. Subsequently, written submissions about costs were filed by the wife and the husband.

3. Neither party sought costs against the other but each sought a certificate pursuant to the Federal Proceedings (Costs) Act 1981. We are satisfied in this case that the requirements of the Act are satisfied and that it is otherwise appropriate for us to grant a certificate to each of them.

4. Accordingly, we grant to the appellant wife a certificate under s9 of the Federal Proceedings (Costs) Act that in the opinion of this Court it would be appropriate for the Attorney-General to authorise a payment under that Act to the appellant in respect of the costs incurred by her in relation to the appeal and we grant to the respondent husband a similar certificate under s6.