Baker and Kettle; Green and Kettle

Case

[2007] FamCA 827

17 August 2007


Details
AGLC Case Decision Date
Baker and Kettle; Green and Kettle [2007] FamCA 827 [2007] FamCA 827 17 August 2007

CaseChat Overview and Summary

The appeal concerned two separate applications brought by mothers, Baker and Kettle, and Green and Kettle, against the respondent father, Kettle. The nature of the dispute and the specific orders sought by the parties are not detailed in the provided text, however, the matter was heard by Kay, Warnick and May JJ.

The central legal issues before the Full Court were whether the orders made by Bell J on 9 February 2007 should be upheld, and how the costs associated with the appeal and the prior applications should be determined. The court was also required to consider the appropriateness of granting costs certificates under the *Federal Proceedings (Costs) Act 1981* (Cth) to both the appellant mothers and the respondent father.

The Full Court allowed the appeal, setting aside the orders previously made by Bell J. The court remitted the applications for costs, which had been made by way of written submissions, back to Bell J for a further hearing. Furthermore, the court granted costs certificates to each of the appellant mothers under section 9 of the *Federal Proceedings (Costs) Act 1981* (Cth), indicating that it was appropriate for the Attorney-General to authorise payment for their appeal costs. Similarly, a costs certificate was granted to the respondent father under section 6 of the same Act, signifying the appropriateness of authorising payment for his appeal costs.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Remedies

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