B & B (Costs Certificates)

Case [2007] FamCA 1177


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

  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.

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

  1. These reasons for judgment relate to applications by an appellant husband and a respondent wife for the grant of costs…

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Details
AGLC
B & B (Costs Certificates) [2007] FamCA 1177
Case
[2007] FamCA 1177
Decision Date

CaseChat Overview and Summary

The appeal concerned an application for costs certificates by both the appellant husband and the respondent wife following proceedings in the Federal Court of Australia. The dispute arose from an appeal where both parties sought to recover their legal costs.

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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