FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Cosio & Cosio (No 6) [2025] FedCFamC1A 149
Appeal from: Cosio & Cosio (No 4) [2025] FedCFamC2F 258 Appeal number(s): NAA 143 of 2025 File number(s): SYC 6131 of 2019 Judgment of: WILLIAMS J Date of judgment: 25 August 2025 ) Catchwords: FAMILY LAW – APPEAL – Appeal from costs order – where the primary judge ordered the appellant to be liable for the respondent’s costs of the substantive property proceedings – leave to appeal not required – Application in an Appeal to adduce further evidence partly allowed –– where the appellant alleges the primary judge fell into error in application of s 117(2) and considerations under s 117(2A) of the Family Law Act 1975 (Cth) –– no error established – Appeal dismissed Legislation: Family Law Act 1975 (Cth); Part VIII; ss.117(2), 117(2A), 114UB(2), 114UB(2A)
Federal Circuit and Family Court of Australia Act 2021 (Cth); ss.28, 35
Uniform Civil Procedure Rules 2005 (NSW); rr 20.26, 31.16
Federal Court andFederal Circuit and Family Court Regulations 2022 (Cth); r 4.02
Cases cited: Braithwaite & Braithwaite [2007] FamCA 468
Carr v Finance Corporation of Australia Ltd (1981) 147 CLR 246 at 248
CDJ v VAJ(No 1) (1998) 197 CLR 172
Cosio & Cosio [2022] FedCFamC1A 187
Cosio & Cosio (No 3) [2024] FedCFamC2F 260
Cosio and Cosio (No 4) [2024] Fed CFamC1A 149
Cosio and Cosio (No 5) [2024] FedCFamC1A 205
Diamond & Diamond (2024) FLC 94-223; [2024] FedCFam1A 201
Edwards and Noble (1971) 125 CLR 296
House v The King (1936) 55 CLR 499 at 504–505
Licul v Corney (1976) 180 CLR 213 at 225
In the marriage of Kohan & Kohan (1993) FLC 92-340
Jandson Pty Ltd v Edmonds [2022] NSWCA 61
Leach v Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391
Menno & Lourens (No 2) (2025) FLC 94-256; [2025] FedCFam1A 100
Oshlack v Richmond River Council (1998) 193 CLR 72
Re F: Litigants in Person Guidelines (2001) FLC 93-072
Robinson Helicopter Company Inc v McDermott (2016) 331 ALR 550
Stanford v Stanford (2012) 247 CLR 108
Vertzayias v King & Ors [2011] NSWCA 215
Warbick and Warbick (No 2) (2021) FLC 94-030; [2021] FamCAFC 101
Number of paragraphs: 83 Date of last submission/s: 15 July 2025 Date of hearing: 15 July 2025 Place: Melbourne Counsel for the Appellant: Self-Represented Litigant Solicitor for the Appellant: Self-Represented Litigant Solicitor for the Respondent: Marsdens Law Group Counsel for the Respondent: Mr Reeve, Solicitor-Advocate ORDERS
NAA 143 of 2025
SYC 6131 of 2019FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR COSIO
Appellant
AND: MS COSIO
Respondent
ORDER MADE BY:
WILLIAMS J
DATE OF ORDER:
25 AUGUST 2025
THE COURT ORDERS THAT:
1.The appellant is granted leave to rely on the documents in his additional appeal bundle at pages 79, 80, 82, 83, 136, 145, 157 – 165, 224 – 227 and Annexure A to his affidavit filed 1 July 2025.
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- AGLC
- Cosio & Cosio (No 6) [2025] FedCFamC1A 149
- Case
- [2025] FedCFamC1A 149
- Decision Date
CaseChat Overview and Summary
The court examined the application of sections 117(2) and 117(2A) of the Family Law Act, which provide for the court to make orders for costs in property proceedings. The court found that the primary judge had correctly applied the relevant statutory provisions and had considered the appropriate factors in making the costs order. The court concluded that no error had been established in the primary judge’s decision, and thus dismissed the appeal. The court also considered the appellant’s application to adduce further evidence but partly allowed it, limiting the scope of new evidence that could be presented.
The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs of the appeal, fixed at $11,484, within 60 days of the order. The leave to rely on certain additional documents was granted, while the application to adduce further evidence was dismissed in part. This decision reinforces the principle that the court will closely scrutinize the application of statutory provisions in family law property proceedings, ensuring that the orders made are fair and just.
Orders
Orders of the court
NAA 143 of 2025
SYC 6131 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR COSIO
Appellant
AND:
MS COSIO
Respondent
ORDER MADE BY:
WILLIAMS J
DATE OF ORDER:
25 AUGUST 2025
THE COURT ORDERS THAT:
1. The appellant is granted leave to rely on the documents in his additional appeal bundle at pages 79, 80, 82, 83, 136, 145, 157 – 165, 224 – 227 and Annexure A to his affidavit filed 1 July 2025.
2. The Application in an Appeal filed 1 July 2025 is otherwise dismissed.
3. The appeal is dismissed.
4. The appellant pay the respondent’s costs of the appeal fixed at $11,484 within 60 days of this order.
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
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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