Bello & Marino (No 4)

[2021] FCCA 1554

FEDERAL CIRCUIT COURT OF AUSTRALIA

Bello & Marino (No 4) [2021] FCCA 1554

File number(s):

PAC 437 of 2020

Judgment of:

JUDGE DUNKLEY

Date of judgment:

9 July 2021

Catchwords:

FAMILY LAW – costs application

Legislation:

Family Law Act 1975 (Cth) s 117

Cases cited:

Colgate Palmolive Co v Cussons Pty Ltd (1993) 118 ALR 248

Marino & Bello & Anor [2020] FamCAFC 314

Marino & Bello & Anor (No 2) [2020] FamCAFC 317

Number of paragraphs:

59

Date of last submission/s:

14 April 2021

Date of hearing:

22 February 2021

Place:

Parramatta

Counsel for the Applicants:

Ms Mahony

Solicitor for the Applicants:

Rowlandson & Co

Counsel for the Respondent:

The respondent appeared in person

ORDERS

PAC 437 of 2020

BETWEEN:

MR BELLO

First Applicant

MS BELLO

Second Applicant

AND:

MR MARINO

Respondent

ORDER MADE BY:	JUDGE DUNKLEY
DATE OF ORDER:	9 JULY 2021

THE COURT ORDERS THAT:

1.Mr Marino is to pay to Mr Bello and Ms Bello or as they direct in writing, total costs in the sum of $7,782.

2.The costs in order 1 hereof are to be paid on or before the expiry of 30 days from the date hereof.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Bello & Marino (No 4) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

1. On 30 January 2020 Mr Marino filed an Initiating Application in which he sought the following final orders:

   1.Parental Order – That the Applicant be allowed to spend time with X, Z and Y upon reasonable notice to either the First or Second Respondent.

   2.Parental Order – That the Applicant be allowed to attend any and all important life events including but not limited to birthdays, christenings, Christmas etc, of X, Z and Y.

   3.Parental Order – That C (the Second Respondent’s first born son) be allowed to spend time upon reasonable notice to the first or second respondents and attend any and all important life events including but not limited to birthdays, christenings, Christmas etc, of X, Z and Y.

2. Mr Marino prepared his own documents.

3. Mr Marino is the uncle of the children referred to in his application.

4. In paragraphs 2 and 3 of his affidavit sworn 30 January 2020 filed in support of his Initiating Application, Mr Marino wrote:

   2.I am the uncle of X, Y and Z.  I have met X in 2013 I have held her twice and never seen her again due to the unjustified capricious whims of the Respondents.  The other 2 children have been kept from me.  I do not know them.

   3.I have a legal right to see my nieces and nephew and it is in their best interests to know and have contact with their uncle.  They also have a legal right…