Feranti and Connor (Costs Certificate)

FAMILY COURT OF AUSTRALIA

FERANTI & CONNOR (COSTS CERTIFICATE) [2010] FamCAFC 23

FAMILY LAW - APPLICATION IN AN APPEAL – Application for costs certificate – Application dismissed.

Federal Proceedings (Costs) Act 1981 (Cth) – s 9

Langmeil & Grange [2010] FamCAFC 12

APPLICANT: Mr Feranti

RESPONDENT: Ms Connor

FILE NUMBER: MLF 10368 of 1994

APPEAL NUMBER: SA 106 of 2007

DATE DELIVERED: 1 March 2010

PLACE DELIVERED: Melbourne

PLACE HEARD: Sydney

JUDGMENT OF: Boland, Thackray & Benjamin JJ

HEARING DATE: 18 February 2010 and by way of written submissions

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 26 October 2007 12 November 2007 13 November 2007

LOWER COURT MNC: [2007] FamCA 1446
[2007] FamCA 1447
[2007] FamCA 1708

REPRESENTATION

ADVOCATE FOR THE APPLICANT: Mr Feranti in person

SOLICITOR FOR THE RESPONDENT: No appearance by the respondent.

Orders

1. That the father’s application in an appeal filed 26 October 2009 is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Feranti & Connor (Costs Certificate) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT ADELAIDE

Appeal Number: SA 106 of 2007
File Number: MLF 10368 of 1994

Mr Feranti

Applicant

And

Ms Connor

Respondent

REASONS FOR JUDGMENT

1. On 30 September 2009 we delivered reasons in an appeal by Mr Feranti (“the father”) against orders made by Watt J in contravention proceedings between the father and Ms Connor (“the mother”).  The orders made by the trial Judge were made in November 2007.  The orders made by us at the conclusion of the appeal were as follows:

   (1)That the appeal be allowed in part.

   (2)That Order 1(b) of the orders made 13 November 2007 be varied by deleting “on an indemnity basis” and substituting in lieu “on a lawyer and client basis”.

2. On 26 October 2009 the father filed an application in an appeal.  In that application the father seeks the following orders:

   1.The applicant be granted a Costs Certificate for the costs and expenses incurred in relation to Appeal SA106 of 2007 from MLF10368 of 1994.

   2.Such certificate to be in the sum of $4,958.06.

   A directions hearing was conducted before Boland J on 18 February 2010.  Boland J noted that the mother had died on 27 December 2009.  The independent children’s lawyer advised her Honour that she did not wish to make any submissions on the father’s application for a costs certificate.  Boland J ordered the father file any submission on which he sought to rely in support of his application within 7 days.  On 24 February 2010 the father filed written submissions in support of his application.  We have read those submissions.  The content of the submissions largely repeats matters set out in the father’s affidavit in support of his application.

3. The father filed an affidavit in support of his application.  In that affidavit he referred to procedural orders made by the Appeal Registrar for preparation of the appeal books, and…