CDJ v VAJ

[1998] HCATrans 444

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S32 of 1998

B e t w e e n -

CDJ

Appellant

and

VAJ

Respondent

Additional Order

McHUGH J
GUMMOW J
KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 DECEMBER 1998, AT 10.18 AM

Copyright in the High Court of Australia

McHUGH J:   On 22 October 1998, the Court allowed an appeal from the decision of the Full Court of the Family Court of Australia in this matter.  The parties were given liberty to file written submissions with respect to certain additional orders to be made.  The Court has received and considered those written submissions.

Justices Gaudron, Gummow, Callinan and I are of the view that further orders should be made as follows:

1.  Set aside order 1 of the orders of the Full Court of the Family Court of Australia.

2.  Remit the matter to the Full Court of the Family Court to make such further order as is necessary with respect to the alteration of property and, if appropriate, an order as to the costs of proceedings in the Full Court.

3.  The appellant and respondent each pay one half of the costs of the children’s representative of the proceedings in this Court.

4.  The respondent pay the appellant’s costs of the proceedings in this Court.

5. The respondent to have a costs certificate under section 6 of the Federal Proceedings (Costs) Act 1981 (Cth) in respect of the proceedings in this Court.

I publish the Court’s order.

KIRBY J:   On the basis that the appeal is, by decision of the Court, allowed, I agree in the orders as to costs which are proposed by the other members of the Court.  I publish my reasons.

AT 10.20 AM THE MATTER WAS CONCLUDED