Docklands and Marshman (Costs)

[2011] FamCA 217

FAMILY COURT OF AUSTRALIA

DOCKLANDS & MARSHMAN (COSTS) [2011] FamCA 217

FAMILY LAW - DOMESTIC RELATIONSHIP - Exercise of jurisdiction of the Supreme Court of the Australian Capital Territory pursuant to the Jurisdiction of Courts (Cross-vesting) Acts – Application for costs by the respondent against the applicant

Domestic Relationships Act 1994 (ACT)
Jurisdiction of Courts (Cross-vesting) Acts of the Commonwealth and the Australian Capital Territory
Court Procedure Rules 2006 (ACT): Part 2.7

Ferris v Winslade [1998] ACTSC 215
Kilby v O’Brien (No. 2) [2006] ACTSC 90

APPLICANT: Mr Docklands

RESPONDENT: Ms Marshman

FILE NUMBER: CAC 398 of 2009

DATE DELIVERED: 1 April 2011

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra – Considered “on the papers” in Chambers

JUDGMENT OF: Faulks ACJ

HEARING DATE:

Written submissions of the respondent filed 28 March 2011

Written submissions of the applicant filed 30 and 31 March 2011

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Self-represented litigant

COUNSEL FOR THE RESPONDENT: Ms J. Godstchalk

SOLICITOR FOR THE RESPONDENT: KJB Law

Orders

IT IS ORDERED THAT:

1. Mr Docklands (the applicant) pay Ms Marshman’s (the respondent) costs of and incidental to the application pursuant to the Domestic Relationships Act 1994 (ACT), as initiated in the Supreme Court of the ACT and subsequently transferred to the Family Court of Australia (File number CAC 398/2009).

2. Within twenty-one (21) days of the date of this order, the respondent cause a Bill of Costs to be filed in the Canberra Registry of the Family Court of Australia, and thereafter serve upon the applicant a sealed copy of the said Bill of Costs; such Bill of Costs to be in conformity with the Court Procedure Rules 2006 (ACT).

3. All extant applications are discharged.

4. The matter is otherwise removed from the Pending Cases Inventory. 

IT IS NOTED that publication of this judgment under the pseudonym Docklands & Marshman (Costs) is approved by order of the Court.

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER:

Mr Docklands

Applicant

And

Ms Marshman

Respondent

REASONS FOR JUDGMENT

Introduction

1. On 4 March 2011, I made orders pursuant to s 15(1) of the Domestic Relationships Act 1994 (ACT) (“the DR Act”) as between the applicant, Mr Docklands, and the respondent, Ms Marshman (referred to hereafter in my Reasons for Judgment as the “applicant” and “respondent” respectively). The Family Court of Australia in the Australian Capital Territory (ACT) exercised power under the Jurisdiction of Courts (Cross-vesting) Acts of the Commonwealth and of the ACT. 

2. By way of Application in a Case filed 28 March 2011 pursuant to my orders of 4 March 2011, the respondent sought orders as to costs against the applicant as follows:

   “

   1)     That pursuant to the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)…Domestic Relationships Act 1994 (ACT) Part 2.17 of the Court Procedure Rules 2006 (ACT) the Applicant (in the substantive proceedings) pay the Respondent’s (in the substantive proceedings) costs of an incidental to these proceedings on a party/party basis.

   2)     That Pursuant to Rule 1800(1) of the Respondent (in the substantive proceedings) file a…