FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Cirillo & Cirillo (No. 2) [2021] FedCFamC1A 101
Appeal from: Cirillo & Cirillo(No. 2) [2021] FamCA 398 Appeal number(s): EAA 74 of 2021 File number(s): SYC 4192 of 2020 Judgment of: AUSTIN, REES & WILSON JJ Date of judgment: 24 December 2021 Catchwords: FAMILY LAW – APPEAL – COSTS – Written submissions on the issue of costs – Application for indemnity costs – Where the appellant was wholly unsuccessful in her application to adduce further evidence and in her application for leave to appeal – Where there was no utility in the appeal – Where the appellant refused an offer – Where the appellant did not file any submissions in opposition to an application for indemnity costs – Indemnity costs ordered in the respondent’s favour. Legislation: Family Law Act 1975 (Cth) s 117(2A) Cases: Colgate-Palmolive Co v CussonsPty Ltd (1993) 46 FCR 225; [1993] FCA 801
Prantage & Prantage (2013) FLC 93-544; [2013] FamCAFC 105Number of paragraphs: 17 Date of last submission/s: 7 December 2021 Date of hearing: Heard by way of written submissions Place: In Chambers, delivered in Newcastle Appellant: Litigant in person (did not participate) Counsel for the Respondent: Mr Richardson SC Solicitor for the Respondent: Boyce Family Law & Mediation ORDERS
EAA 74 of 2021
SYC 4192 of 2020FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MS CIRILLO
Appellant
AND: MR CIRILLO
Respondent
ORDER MADE BY:
AUSTIN, REES & WILSON JJ
DATE OF ORDER:
24 DECEMBER 2021
THE COURT ORDERS THAT:
1.The wife pay the husband’s costs of the appeal in the sum of $57,346.53, with such sum to be paid within seven days of the wife’s receipt of funds payable to her pursuant to Order 3(c) made on 1 October 2021.
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).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Cirillo & Cirillo (No. 2) has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
AUSTIN, REES & WILSON JJ:
Reasons for judgment in the appeal in this matter were delivered, and leave to appeal was refused, on 2 November 2021.
Costs were reserved and the husband was ordered to file and serve any affidavit and written submissions within 14 days, the wife to file within14 days thereafter.
The husband has filed an affidavit and written submissions. The wife has not filed any material.
The husband relies upon an affidavit of his solicitor sworn on 16 November 2021 and written…
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CaseChat Overview and Summary
The court was required to decide whether the appeal was wholly without merit and whether the appellant's refusal to accept an offer of settlement contributed to the costs incurred. Additionally, the court needed to assess whether the appellant's failure to file submissions in opposition to the application for indemnity costs warranted the imposition of such costs. The court found that the appeal was of no utility and that the appellant had acted unreasonably in refusing an offer and failing to file submissions. Consequently, the court ordered the appellant to pay the respondent's costs of the appeal.
The court ordered that Ms Cirillo pay the costs of the appeal in the sum of $57,346.53, to be paid within seven days of her receipt of funds payable to her pursuant to a previous order. This order underscores the importance of the conduct of parties in appeals and the potential consequences of acting unreasonably in the context of legal proceedings.
Orders
Orders of the court
EAA 74 of 2021
SYC 4192 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MS CIRILLO
Appellant
AND:
MR CIRILLO
Respondent
ORDER MADE BY:
AUSTIN, REES & WILSON JJ
DATE OF ORDER:
24 DECEMBER 2021
THE COURT ORDERS THAT:
1. The wife pay the husband’s costs of the appeal in the sum of $57,346.53, with such sum to be paid within seven days of the wife’s receipt of funds payable to her pursuant to Order 3(c) made on 1 October 2021.
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).
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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