Gitane & Velacruz

The Full Court of the Federal Court of Australia, comprising Kay, Coleman and Boland JJ, heard an appeal concerning orders made by Benjamin J on 17 August 2006. The dispute involved an application filed by the husband on 31 March 2006.

The primary legal issue before the Full Court was whether the orders made by Benjamin J were appropriate, and consequently, whether the husband's application should be remitted for further consideration. The Court was also required to determine the appropriate costs orders and the eligibility of the parties for costs certificates under the *Federal Proceedings (Costs) Act 1981*.

The Court allowed the appeal, setting aside the orders of Benjamin J. The husband's application was remitted to a judge at first instance, other than Benjamin J, for determination. The Court also directed the registrar at Hobart to make further directions for the filing of material. Both the appellant and the respondent were granted costs certificates under the *Federal Proceedings (Costs) Act 1981*, indicating the Court's opinion that it would be appropriate for the Attorney-General to authorise payment of costs incurred by each party in relation to the appeal.