FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Cannon & Moore (No 4) [2025] FedCFamC2F 779
File number(s): MLC 3357 of 2024 Judgment of: JUDGE A. HUMPHREYS Date of judgment: 11 June 2025 Catchwords: FAMILY LAW – COSTS – father wholly unsuccessful in his application for further interim parenting orders, made after the matter was listed for a compliance and readiness hearing – father wholly unsuccessful in his application to discharge the appointment of the single expert family report writer and for an updated report to be prepared by an alternate expert – applications for costs made and written submissions filed prior to the commencement of Part XIVC of the Act relating to costs, introduced by the Family Law Amendment Act 2024 (Cth), but determination not made until after the commencement of those changes – parties invited to make submissions in respect of legislative change – mother and independent children’s lawyer submit Part XIVC applies to determination of the costs applications but with no substantive impact on the determination – the father submits the provisions of the former section 117 continue to apply – Part XIVC applied but with no impact on determination – order for father to pay mother’s costs at scale – no order made in respect of the costs of the independent children’s lawyer, which were not quantified or the subject of submissions Legislation: Family Law Act 1975 (Cth) ss 114UB, 114UC, 117
Family Law Amendment Act 2024 (Cth) section 2, section 15 of Schedule 4,
Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) r 2.02, Schedule 1
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 5.08, 10.03, 12.13, 12.17
Cases cited: De Roma & De Roma (2013) 49 Fam LR 226; [2013] FamCA 566
Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v Fish (2005) 33 Fam LR 123
Gahen & Gahen (No 2) [2013] FamCA 936
Haward & Haward (2023) FLC 94-147; [2023] FedCFamC1A 99
Hawkins & Roe (2012) 47 Fam LR 526; [2012] FamCAFC 77
Marvel & Marvel (2010) 240 FLR 367; [2010] FamCAFC 101
Medlon & Medlon (No. 6) (Indemnity Costs) FLC 93–664; [2015] FamCAFC 157
Nardini & Legal Aid NSW [2019] FamCA 340
Pascoe & Larsen (No 2) [2022] FedCFamC1A 126
Penfold v Penfold (1980) 114 CLR 311
Wrenstead & Eades (2016) FLC 93–697; [2016] FamCAFC 46
Division: Division 2 Family Law Number of paragraphs: 75 Date of last submission/s: 17 June 2025 Date of hearing: In chambers, on the papers; supplementary hearing 17 June 2025 Place: Melbourne Representative for the applicant: Mr Cannon (self-represented) Solicitor for the respondent: Ms Collier, Johnston Family Lawyers Independent children’s lawyer: Ms Clark, Clark Family Lawyers ORDERS
MLC 3357 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR CANNON
Applicant
AND: MS MOORE
Respondent
ORDER MADE BY:
JUDGE A. HUMPHREYS
DATE OF ORDER:
11 JUNE 2025
THE COURT ORDERS THAT:
1.The applicant (“father”) pay to the…
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- Cannon & Moore (No 4) [2025] FedCFamC2F 779
- Case
- [2025] FedCFamC2F 779
- Decision Date
CaseChat Overview and Summary
The court addressed the legal issue of whether Part XIVC or the former section 117 of the Family Law Act 1975 (Cth) should apply to the costs applications. Both the mother and the independent children's lawyer argued that Part XIVC applied to the determination of the costs applications, though it would not substantively impact the decision. Conversely, Mr Cannon contended that the former section 117 should still apply. The court decided that Part XIVC applied to the case but did not affect the outcome of the costs determination. It was noted that the costs of the independent children's lawyer were not quantified or the subject of submissions, hence no order was made in respect of these costs.
The court ordered that Mr Cannon pay Ms Moore's costs, which included those related to his application and the mother's written submissions, amounting to $8,320.14. The oral application for costs made by the independent children's lawyer was dismissed, and the administrative hearing scheduled for 20 June 2025 was vacated. This decision reflects the court's application of Part XIVC to the costs applications while considering the procedural history and the arguments presented by the parties.
Orders
Orders of the court
MLC 3357 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR CANNON
Applicant
AND:
MS MOORE
Respondent
ORDER MADE BY:
JUDGE A. HUMPHREYS
DATE OF ORDER:
11 JUNE 2025
THE COURT ORDERS THAT:
1. The applicant (“father”) pay to the respondent (“mother”), within 30 days from the date of these orders, costs relating to his Application in a Proceeding filed on 7 March 2025 (as amended on 14 April 2025) (“father’s application”) and costs in respect of the mother’s written costs submissions, fixed in the amount of $8,320.14.
2. The oral application made by the independent children’s lawyer for costs relating to the father’s application be dismissed.
3. The administrative hearing on 20 June 2025 be vacated.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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