Buckley & Buckley

In Buckley & Buckley, the mother, Ms Buckley, appealed against orders made by Bell J on 21 June 2013, which were related to parenting arrangements. The appeal was initially filed on 5 August 2013 and later amended on the same date. However, during the hearing, Ms Buckley withdrew the appeal, explaining that a parenting agreement had been entered into on 17 August 2013, rendering the appeal unnecessary. Despite the father's counsel's concession that the issue of the agreement was not raised with the mother's legal representatives, he argued that it was open to the mother to withdraw her appeal. Ms Buckley opposed any order for costs, citing her financial circumstances, but the court found that the circumstances warranted such an order.

The legal issues in the case involved whether an order for costs was justified given the mother's withdrawal of the appeal and her financial circumstances. The court considered the mother's conduct in proceeding with the appeal despite it being rendered nugatory by the parenting agreement. Strickland J, delivering the judgment, noted that the mother's impecuniosity did not preclude an order for costs if otherwise warranted. The Full Court agreed with the presiding judge's reasoning and orders.

The Full Court of the Family Court of Australia dismissed the appeal and ordered that the mother pay the father's costs of and incidental to the appeal, calculated on a party/party basis from 18 August 2013, to be assessed in default of agreement. The Independent Children's Lawyer made no submissions regarding the withdrawal of the appeal or any application for costs.