Fennessy and Sanchez

The Full Court of the Federal Court of Australia considered an appeal between a husband and wife. The dispute concerned the wife's application for costs following an appeal.

The primary legal issue before the Court was whether to grant costs certificates to both the appellant husband and the respondent wife under the *Federal Proceedings (Costs) Act 1981*. Specifically, the Court had to determine if it was appropriate for the Attorney-General to authorise payments to each party in respect of their costs incurred on appeal.

The Court reasoned that it was appropriate to grant costs certificates to both parties. For the husband, a costs certificate was granted under section 9 of the Act, conditional upon him confirming in writing to the Appeals Registrar within 14 days of the posting of the orders that he sought such a certificate. For the wife, a costs certificate was granted under section 6 of the Act.

The Court ordered that, subject to the husband's confirmation, both the appellant husband and the respondent wife be granted costs certificates pursuant to the *Federal Proceedings (Costs) Act 1981*, authorising payment in respect of their appeal costs.