GRIFFIN & NOVELLO

Case

[2019] FCCA 1662

17 June 2019


Details
AGLC Case Decision Date
Griffin and Novello [2019] FCCA 1662 [2019] FCCA 1662 17 June 2019

CaseChat Overview and Summary

In *Griffin & Novello*, Judge Newbrun of the Federal Circuit and Family Court of Australia considered applications for costs certificates made under section 10 of the *Federal Proceedings (Costs) Act 1981* (Cth). The applications arose in circumstances where a hearing had been listed but was ultimately marked as "not reached."

The central legal issue before the court was whether the applicants had satisfied the criteria for the grant of a costs certificate under section 10 of the Act. This section permits the court to grant a certificate where it is satisfied that a party to proceedings has been "incurred costs in connection with the proceedings, and that it is in the public interest that a contribution be made from Commonwealth funds towards those costs."

Judge Newbrun dismissed the applications, finding that the applicants had not demonstrated that the public interest favoured the grant of a costs certificate in this instance. The court's reasoning, though not detailed in the provided text, would have involved an assessment of the specific circumstances of the case against the statutory requirements for a public interest contribution to costs.

Consequently, the court ordered that the parties’ applications for costs certificates under section 10 of the *Federal Proceedings (Costs) Act 1981* (Cth) be dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Marsh & Marsh [2009] FMCAfam 1160
Herford and Berke [2019] FamCAFC 99