Gollings and Scott (Costs)
Case
•
[2007] FamCA 745
•26 July 2007
Details
AGLC
Case
Decision Date
Gollings and Scott (Costs) [2007] FamCA 745
[2007] FamCA 745
26 July 2007
CaseChat Overview and Summary
The appeal concerned an application for costs following proceedings in the Federal Court of Australia. The parties were Gollings and Scott, with Scott being the respondent wife. The dispute revolved around an order for costs made by Justice Martin on 28 March 2006.
The primary legal issue before the Full Court was whether the costs order made by Justice Martin should be upheld, and consequently, whether any costs should be awarded in relation to the trial proceedings. A further issue was whether the respondent wife should be granted a costs certificate in respect of the appeal.
The Full Court set aside the costs order made by Justice Martin, determining that there should be no order for costs in relation to the trial. The Court also granted the respondent wife a costs certificate pursuant to section 6 of the *Federal Proceedings (Costs) Act 1981* (Cth), indicating that it was appropriate for the Attorney-General to authorise a payment to the respondent for costs incurred on appeal.
The primary legal issue before the Full Court was whether the costs order made by Justice Martin should be upheld, and consequently, whether any costs should be awarded in relation to the trial proceedings. A further issue was whether the respondent wife should be granted a costs certificate in respect of the appeal.
The Full Court set aside the costs order made by Justice Martin, determining that there should be no order for costs in relation to the trial. The Court also granted the respondent wife a costs certificate pursuant to section 6 of the *Federal Proceedings (Costs) Act 1981* (Cth), indicating that it was appropriate for the Attorney-General to authorise a payment to the respondent for costs incurred on appeal.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Appeal
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Remedies
Actions
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Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
2
Kinnell v Connelly
[2007] NSWCA 17
Kinnell v Connelly
[2007] NSWCA 17