FAMILY COURT OF AUSTRALIA
| B & B (COSTS CERTIFICATES) | [2007] FamCA 1177 |
| FAMILY LAW - COSTS CERTIFICATES – Whether costs certificates can be granted where an appeal is allowed by consent without argument in relation to its merits being heard by the Full Court – Certificates granted on the basis that this was a “federal appeal” which “succeeded on a question of law” and the consent orders were made in open court such that the appeal was “disposed of in a public and formal way”, therefore satisfying the principles set out by Kirby J in Cramer v Davies (1997) 72 ALJR 146. |
| Federal Proceedings (Costs) Act 1981 (Cth), s 6, s 9 Family Law Act 1975 (Cth), s 94(2B)(b) Suitors’ Fund Act 1951 (NSW) |
Brownv Brown (2002) FLC 93-098
S & S [2005] FamCA 852
C & C (unreported, Finn J, 27 April 2005)
H & D (unreported, Finn J, 30 January 2006)
S & S [2006] FamCA 344
W & W and Anor [2006] FamCA 860
Cramer v Davies (1997) 72 ALJR 146
Mir Bros Developments Pty Limited v Atlantic Constructions Pty Limited (1985) 1 NSWLR 491
| APPELLANT: | Mr C J B |
| RESPONDENT: | Ms C A B |
| FILE NUMBER: | CAF | 282 | of | 2004 |
| APPEAL NUMBER: | EA | 68 | of | 2006 |
| DATE DELIVERED: | 28 September 2007 |
| PLACE DELIVERED: | Canberra |
| JUDGMENT OF: | Finn, May and Boland JJ |
| HEARING DATE: | 30 October 2006 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATES: | 30 June 2006 14 September 2006 |
| LOWER COURT MNC: |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Mr Lethbridge SC |
| SOLICITOR FOR THE APPELLANT: | Farrell Lusher |
| COUNSEL FOR THE RESPONDENT: | Mr O'Shannessy |
| SOLICITOR FOR THE RESPONDENT: | Commins Hendricks |
Orders
That the Court grants to the appellant husband a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the appellant husband in respect of the costs incurred by the appellant husband in relation to the appeal.
That the Court grants to the respondent wife a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent wife in respect of the costs incurred by the respondent wife in relation to the appeal.
IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Full Court delivered this day will for all publication and reporting purposes be referred to as B & B (Costs Certificates).
| FAMILY COURT OF AUSTRALIA AT CANBERRA |
Appeal Number: EA 68 of 2006
File Number: CAF 282 of 2004
| C J B |
Appellant
And
| C A B |
Respondent
REASONS FOR JUDGMENT
These reasons for judgment relate to applications by an appellant husband and a respondent wife for the grant of costs…
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- AGLC
- B & B (Costs Certificates) [2007] FamCA 1177
- Case
- [2007] FamCA 1177
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Full Court of the Federal Court was whether to grant costs certificates to each party under the *Federal Proceedings (Costs) Act 1981* (Cth). This involved determining if it was appropriate for the Attorney-General to authorise payment of costs to each party in relation to the appeal.
The Court reasoned that it was appropriate to grant costs certificates to both the appellant husband and the respondent wife. This decision was made pursuant to sections 9 and 6 of the *Federal Proceedings (Costs) Act 1981* respectively. The Court was of the opinion that such payments were warranted in respect of the costs each party incurred in relation to the appeal.
Consequently, the Court ordered that a costs certificate be granted to the appellant husband under section 9 of the Act, and a costs certificate be granted to the respondent wife under section 6 of the Act. These certificates indicated the Court's view that the Attorney-General should authorise payments to each party for their appeal costs.
Orders
Orders of the court
1.
That the Court grants to the appellant husband a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the appellant husband in respect of the costs incurred by the appellant husband in relation to the appeal.
2.
That the Court grants to the respondent wife a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent wife in respect of the costs incurred by the respondent wife in relation to the appeal.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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