Dorsey & Mallon

The appeal arose between Dorsey, the appellant and Mallon, the respondent, in a family law matter before the Family Court of Australia. The primary dispute was over indemnity costs ordered against the husband by the primary judge, who had not appeared at the hearing. The appeal was heard by the Full Court of the Family Court of Australia.

The court was required to determine whether the primary judge had erred in making certain findings regarding the absence of offers of settlement and a breakdown of costs. The court found that the primary judge had erred in stating that there were no offers of settlement produced before the Court, as these documents were available but not taken into account. The court also found that the primary judge had erred in stating that there was no breakdown of costs produced before the Court, as this document was also available. The court held that these errors constituted appealable error.

The appeal was allowed, and the order for indemnity costs against the husband was set aside. The appellant's application for indemnity costs was remitted for rehearing before the same primary judge. The court granted the appellant a costs certificate under section 9 of the Federal Proceedings (Costs) Act 1981 (Cth) for the costs incurred in relation to the appeal. The court also granted the appellant a cost certificate under section 8 of the Act for any costs incurred in relation to the rehearing of these proceedings. The form of the order is subject to the entry of the order in the Court’s records.