FAMILY COURT OF AUSTRALIA
| HOULT & HOULT (COSTS) | [2013] FamCAFC 153 |
| FAMILY LAW – APPEAL – COSTS – Costs of appeals and rehearing – Appeals allowed on questions of law – Certificates granted. |
| Family Law Act 1975 (Cth) Federal Proceeding (Costs) Act 1981 (Cth) |
| APPELLANT IN THE FIRST APPEAL RESPONDENT IN THE SECOND APPEAL: | Mr Hoult |
| RESPONDENT IN THE FIRST APPEAL APPELLANT IN THE SECOND APPEAL: | Mrs Hoult |
| FILE NUMBER: | BRC | 3036 | of | 2011 |
| APPEAL NUMBER: | NA | 9 | of | 2012 |
| NA | 53 | of | 2012 |
| DATE DELIVERED: | 7 October 2013 |
| PLACE DELIVERED: | Perth |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Thackray, Strickland and Ainslie-Wallace JJ |
| HEARING DATE: | By way of written submissions |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 22 December 2011 22 May 2012 |
| LOWER COURT MNC: | [2011] FamCA 1023 [2012] FamCA 367 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT IN THE FIRST APPEAL AND RESPONDENT IN THE SECOND APPEAL: | Mr Galloway |
| SOLICITOR FOR THE APPELLANT IN THE FIRST APPEAL AND RESPONDENT IN THE SECOND APPEAL: | Peter J Sheehy Solicitor |
| COUNSEL FOR THE RESPONDENT IN THE FIRST APPEAL AND APPELLANT IN THE SECOND APPEAL: | Mr Page SC |
| SOLICITOR FOR THE RESPONDENT IN THE FIRST APPEAL AND APPELLANT IN THE SECOND APPEAL: | Damien Greer Lawyers |
Orders
There be no order for costs in relation to appeals NA 9 of 2012 and NA 53 of 2012.
In appeal NA 9 of 2012 the Court grants to the appellant husband a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 (Cth) 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 appellant in respect of the costs incurred by him in relation to the appeal.
In appeal NA 9 of 2012 the Court grants to the respondent wife a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) 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 her in relation to the appeal.
In appeal NA 53 of 2012 the Court grants to the appellant wife a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 (Cth) 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 appellant in respect of the costs incurred by her in relation to the appeal.
In appeal NA 53 of 2012 the Court grants to the respondent husband a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act1981 (Cth) 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…
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- HOULT & HOULT (COSTS) [2013] FamCAFC 153
- Case
- [2013] FamCAFC 153
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the appeals were of a nature that warranted a costs certificate under the Act and if so, which sections of the Act applied to the respective parties. The court had to consider the provisions of sections 6, 8, and 9 of the Act to determine the appropriate allocation of costs and whether a certificate should be issued to enable the Attorney-General to authorise payments for the incurred costs.
The court examined the nature of the appeals and the circumstances surrounding them. It concluded that while there should be no order for costs in relation to appeals NA 9 of 2012 and NA 53 of 2012, it was appropriate to issue costs certificates under sections 6, 8, and 9 of the Act. The court found that each party had incurred costs in the appeals and the rehearings of the proceedings, justifying the issuance of certificates to enable the Attorney-General to authorise payments for these costs.
Accordingly, the court granted costs certificates to both parties in each appeal. The certificates recognised the costs incurred by the appellant and respondent in the respective appeals and rehearings. This decision provided clarity on the allocation of costs and facilitated the process for recovering the expenses through the Attorney-General's office.
Orders
Orders of the court
1.
There be no order for costs in relation to appeals NA 9 of 2012 and NA 53 of 2012.
2.
In appeal NA 9 of 2012 the Court grants to the appellant husband a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 (Cth) 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 appellant in respect of the costs incurred by him in relation to the appeal.
3.
In appeal NA 9 of 2012 the Court grants to the respondent wife a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) 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 her in relation to the appeal.
4.
In appeal NA 53 of 2012 the Court grants to the appellant wife a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 (Cth) 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 appellant in respect of the costs incurred by her in relation to the appeal.
5.
In appeal NA 53 of 2012 the Court grants to the respondent husband a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) 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 appeal.
6.
In appeals NA 9 of 2012 and NA 53 of 2012 the Court grants to each of the parties costs certificates pursuant to the provisions of s 8 of the Federal Proceedings (Costs) Act 1981 (Cth) being certificates that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to each of the parties in respect of the costs incurred by the appellant and respondent in relation to the rehearing(s) of the proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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