Fortnum & Fortnum (No. 3)

In the Family Court of Australia, Fortnum & Fortnum (No. 3) involved a dispute between a husband and wife over parenting arrangements for their child. The wife sought to appeal an earlier decision made by the primary judge, which had ruled in favour of the husband. The husband, in turn, opposed the wife's appeal and sought to appeal the primary judge's order for him to pay the wife's costs.

The central legal issues the court had to decide were whether the wife's appeal against the primary judge's parenting orders was successful and, if so, what orders should be made regarding the costs associated with the appeals. The court also needed to determine the appropriate timelines for the parties to file and serve their respective submissions regarding the costs.

The court dismissed the wife's appeal against the primary judge's parenting orders, finding that the primary judge had correctly exercised his discretion. The court further outlined a detailed schedule for the parties to follow in relation to the costs of both the parenting appeal and the husband's appeal against the costs order. This included setting deadlines for the wife to file submissions in support of any application for costs of the parenting appeal, for the husband to respond to these submissions, and for the wife and Independent Children's Lawyer (ICL) to answer the husband's submissions regarding the costs order. The court also specified a timeline for the husband to file a reply to the submissions of the wife and the ICL.