CRAIG & CRAIG
Case
•
[2006] FamCA 1272
•28 November 2006
Details
AGLC
Case
Decision Date
CRAIG & CRAIG [2006] FamCA 1272
[2006] FamCA 1272
28 November 2006
CaseChat Overview and Summary
The parties in this matter were the appellant and the respondent. The dispute concerned costs incurred in relation to an appeal and a new trial. The court that made these orders was not specified in the provided text.
The legal issues before the court were the appropriate orders to be made regarding the costs incurred by each party in relation to the appeal and the new trial. Specifically, the court was required to determine whether to grant costs certificates under the *Federal Proceedings (Costs) Act 1981* (Cth) to each party, and in relation to which aspects of the proceedings.
The court's reasoning and the legal principles applied are evident from the orders made. The court exercised its discretion under sections 6, 8, and 9 of the *Federal Proceedings (Costs) Act 1981* (Cth). Section 9 allows for a costs certificate in favour of an appellant in respect of costs incurred on appeal. Section 6 allows for a costs certificate in favour of a respondent in respect of costs incurred on appeal. Section 8 allows for costs certificates in favour of each party in respect of costs incurred in relation to a new trial, with the Attorney-General to determine the appropriate amount.
The court ordered that a costs certificate be granted to the appellant pursuant to s 9 of the *Federal Proceedings (Costs) Act 1981* (Cth) for costs incurred on appeal. A costs certificate was also granted to the respondent pursuant to s 6 of the same Act for costs incurred on appeal. Furthermore, the court granted to each party a costs certificate pursuant to s 8 of the Act in respect of such part of the costs incurred in relation to the new trial as the Attorney-General considers appropriate.
The legal issues before the court were the appropriate orders to be made regarding the costs incurred by each party in relation to the appeal and the new trial. Specifically, the court was required to determine whether to grant costs certificates under the *Federal Proceedings (Costs) Act 1981* (Cth) to each party, and in relation to which aspects of the proceedings.
The court's reasoning and the legal principles applied are evident from the orders made. The court exercised its discretion under sections 6, 8, and 9 of the *Federal Proceedings (Costs) Act 1981* (Cth). Section 9 allows for a costs certificate in favour of an appellant in respect of costs incurred on appeal. Section 6 allows for a costs certificate in favour of a respondent in respect of costs incurred on appeal. Section 8 allows for costs certificates in favour of each party in respect of costs incurred in relation to a new trial, with the Attorney-General to determine the appropriate amount.
The court ordered that a costs certificate be granted to the appellant pursuant to s 9 of the *Federal Proceedings (Costs) Act 1981* (Cth) for costs incurred on appeal. A costs certificate was also granted to the respondent pursuant to s 6 of the same Act for costs incurred on appeal. Furthermore, the court granted to each party a costs certificate pursuant to s 8 of the Act in respect of such part of the costs incurred in relation to the new trial as the Attorney-General considers appropriate.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Remedies
Actions
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Citations
CRAIG & CRAIG [2006] FamCA 1272
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