Halsbury and Halsbury (Costs)

[2009] FamCAFC 124

FAMILY COURT OF AUSTRALIA

HALSBURY & HALSBURY (COSTS) [2009] FamCAFC 124

FAMILY LAW - APPEAL – COSTS – Error of law – Costs certificates granted as requested

APPELLANT: MS HALSBURY

RESPONDENT: MR HALSBURY

FILE NUMBER: LEC 33 of 2007

APPEAL NUMBER: NA 50 of 2007

DATE DELIVERED: 13 July 2009

PLACE DELIVERED: Brisbane (in chambers)

PLACE HEARD: By way of written submissions

JUDGMENT OF: Warnick, Boland and Murphy JJ

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 29 June 2007

LOWER COURT MNC: [2007] FamCA 1101

REPRESENTATION

APPELLANT: Appeared in Person

SOLICITOR FOR THE RESPONDENT: Mr Tester

Orders

1. That the court grants to the respondent a costs certificate pursuant to the provisions of section 6 of the Federal Proceedings (Costs) Act1981 being a certificate that, in the opinion of the court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by the respondent in relation to the appeal.

2. That the court grants to the respondent a costs certificate pursuant to the provisions of section 8 of the Federal Proceedings (Costs) Act1981 being a certificate that, in the opinion of the court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by him in relation to the new trial.

IT IS NOTED that publication of this judgment under the pseudonym Halsbury and Halsbury (Costs) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT BRISBANE

Appeal Number: NA 50  of 2007
File Number: LEC33  of 2006

MS HALSBURY

Appellant

And

MR HALSBURY

Respondent

REASONS FOR JUDGMENT

1. By orders of 3 April 2009 we allowed an appeal against orders of Barry J made 29 June 2007, altering property interests of the parties. We set aside certain orders and directed a retrial.

2. Pursuant to directions we made, the husband seeks costs certificates under the Federal Proceedings (Costs) Act 1981 (Cth) both in respect of the appeal, to which he was respondent, and in respect of the retrial.

3. At least one of the basis upon which we allowed the appeal – that the result at trial was manifestly unjust – constituted an error of law. We are satisfied that a grant of certificates as requested is proper.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Full Court.

Associate: 

Date:  13 July 2009