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.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Appeal

  • Remedies

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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