Drysdale & Drysdale
Case
•
[2011] FamCAFC 85
•8 April 2011
Details
AGLC
Case
Decision Date
Drysdale & Drysdale [2011] FamCAFC 85
[2011] FamCAFC 85
8 April 2011
CaseChat Overview and Summary
In the matter of Drysdale & Drysdale, the husband sought leave to appeal the decision of the Family Court of Australia concerning property settlement. The wife, in response, sought costs associated with the husband's application for leave to appeal. The Full Court of the Family Court of Australia was tasked with deciding the husband's application for leave to appeal and the wife's application for costs.
The legal issues before the court involved whether the husband's application for leave to appeal presented a sufficient ground for appeal and, if so, whether it warranted leave. Additionally, the court had to consider whether the wife was entitled to costs for the husband's application, and if so, the amount of those costs.
The court found that the husband's application did not present a sufficient ground for appeal, as the arguments raised were not novel or significant enough to warrant a departure from the established principles of property settlement. Consequently, the court dismissed the husband's application for leave to appeal. The court further ruled that the wife was entitled to costs for the husband's application, reserving the exact amount to be determined within 28 days. The husband was also required to file and serve any submissions in opposition to the wife's application for costs within the same timeframe.
The legal issues before the court involved whether the husband's application for leave to appeal presented a sufficient ground for appeal and, if so, whether it warranted leave. Additionally, the court had to consider whether the wife was entitled to costs for the husband's application, and if so, the amount of those costs.
The court found that the husband's application did not present a sufficient ground for appeal, as the arguments raised were not novel or significant enough to warrant a departure from the established principles of property settlement. Consequently, the court dismissed the husband's application for leave to appeal. The court further ruled that the wife was entitled to costs for the husband's application, reserving the exact amount to be determined within 28 days. The husband was also required to file and serve any submissions in opposition to the wife's application for costs within the same timeframe.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Appeal
-
Costs
-
Jurisdiction
Actions
Download as PDF
Download as Word Document
Citations
Drysdale & Drysdale [2011] FamCAFC 85
Most Recent Citation
Monette & Monette (No 2) [2024] FedCFamC1F 481
Cases Citing This Decision
48
Goncharova & Goncharov
[2021] FamCA 559
LANGDON & GUDDEN
[2019] FamCA 816
Goey and Goey
[2019] FamCA 570
Cases Cited
3
Statutory Material Cited
7
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc
[1981] HCA 39
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc
[1981] HCA 39
F & S
[2003] FMCAfam 531