Gull and Gull

[2013] FamCAFC 97

FAMILY COURT OF AUSTRALIA

GULL & GULL [2013] FamCAFC 97

FAMILY LAW – APPLICATION IN AN APPEAL – Application for security for costs – Where there may be some limited prospect of success in the appeal – Where the respondent previously failed to comply with orders – Where security for costs will not stifle the appeal – Application granted.

Family Law Act 1975 (Cth) ss 79A(1)(c), 117, 117(2A)
Family Law Rules 2004 r 19.05(2)

Gerber & Bradley (formerly Gerber) and Ors (Security for Costs) [2011] FamCAFC 206
Gull & Gull [2009] FamCAFC 71
Jones & Jones (2001) FLC 93-080
Palma & Caleffi and Anor (Security for Costs) [2011] FamCAFC 174

APPLICANT: Mr Gull

RESPONDENT: Ms Gull

FILE NUMBER: MLC 10581 of 2008

APPEAL NUMBER: SOA 51 of 2012

DATE DELIVERED: 21 June 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Thackray, Strickland & Ryan JJ

HEARING DATE: 20 June 2013

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 8 June 2012

LOWER COURT MNC: [2012] FamCA 431

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Weil

SOLICITOR FOR THE APPLICANT: Vernon da Gama & Associates

FOR THE RESPONDENT: Ms Gull in Person

Orders

1. Pending further order or disposition of the appellant wife’s Amended Notice of Appeal filed 3 August 2012 (including any application for costs of the appeal), whichever first occurs, the appellant wife provide $10,000 as security for the respondent husband’s costs in relation to that appeal, in the manner following:

   There be a charge over $10,000 of the appellant wife’s share of the money held by Vernon De Gama and Associates pursuant to Order 2 of the orders made by Justice Cronin on 8 June 2012.

2. The respondent husband’s costs of his Application in an Appeal filed 25 March 2013 be costs in the appeal, and be reserved.

3. The appellant wife’s Response to an Application in an Appeal filed 18 June 2013 be dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Gull & Gull has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT MELBOURNE

Appeal Number: SOA 51 of 2012
File Number: MLC 10581 of 2008

Mr Gull

Applicant

And

Ms Gull

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application by Mr Gull (“the husband”) for an order that Ms Gull (“the wife”) provide security for his costs in an appeal which she has filed against property settlement orders and an order for costs made on 8 June 2012 by Cronin J.

2. It is the husband’s application that the wife’s appeal be stayed until she provides security for his costs in the amount of $33,000.  That amount would be paid to the husband’s solicitor who would deposit it into an interest bearing account in the parties’ names pending further order.   The husband also says the costs of this application should be reserved.

3. In her Response filed on 18…