Collins and Monroe (No 2)

The case of Collins and Monroe (No 2) involved an appeal by the father, Mr Collins, against a decision made in the Family Court. The mother, Ms Monroe, sought costs at scale against Mr Collins after the appeal was dismissed. The matter was heard in the Federal Circuit and Family Court of Australia, Appellate Division, before Tree, Gill & Hartnett JJ. The father did not file written submissions in opposition to the application for costs, leading to the court's decision on costs in favour of the mother.

The legal issue before the court was whether the mother was entitled to costs at scale against the father due to his failure to file written submissions in opposition to the application for costs. The court considered the relevant provisions of the Family Law Act 1975 (Cth) and the court rules concerning costs in family law proceedings. The court noted that the father's failure to file written submissions in opposition to the application for costs was a significant factor in its decision.

In delivering the judgment, the court emphasised that the father's failure to file written submissions in opposition to the application for costs was a serious matter. The court found that the mother was entitled to costs at scale against the father as a result of this failure. The court ordered that the father pay the mother's costs in the sum of $16,636.60 within 28 days. The form of the order is subject to the entry in the Court’s records, and the copy of the Court’s Reasons for judgment may be subject to review or variation under the relevant court rules.

The court's final order was that the father, Mr Collins, pay the mother, Ms Monroe, the sum of $16,636.60 in costs within 28 days. This order reflects the court's determination that the father's failure to file written submissions in opposition to the application for costs warranted the award of costs at scale to the mother.