Blake & Blake

The Full Court of the Family Court of Australia considered an appeal by a wife against property settlement orders and a subsequent costs order made by a trial judge. The wife had been successful in her appeal against the property settlement orders, and the husband had unsuccessfully cross-appealed. The primary dispute before the Full Court concerned the costs associated with these appeals, including the wife's request for the husband to pay her costs of the successful appeal and his unsuccessful cross-appeal, as well as the costs of an appeal against the trial judge's initial costs order.

The legal issues before the Full Court were whether the wife should be awarded costs for her successful appeal against the property settlement orders and the husband's unsuccessful cross-appeal, and whether the trial judge's costs order, which was based on the husband's offer to settle exceeding the amount ultimately ordered to be paid to the wife, was appropriate. The wife also sought costs for her appeal against this specific costs order.

The Court reasoned that the wife's success on appeal against the property settlement orders warranted a costs certificate under s 9 of the Federal Proceedings (Costs) Act 1981 (Cth). Similarly, the husband was granted a costs certificate under s 6 of the same Act for his costs in relation to the appeal. Crucially, the Court allowed the wife's appeal against the trial judge's costs order, setting it aside and ordering the husband to repay any monies paid by the wife pursuant to that order. For other applications for costs, the Court made no orders.