KPR & MRS

Case [2007] FamCA 1334


FAMILY COURT OF AUSTRALIA

KPR & MRS [2007] FamCA 1334
FAMILY LAW – APPEAL – NATURAL JUSTICE – ENTITLEMENT TO BE HEARD – Established that failure of appellant to be heard, either by failure of Federal Magistrate to invite submissions or failure of Counsel to seek to make submissions, constituted a lack of fairness according to principles of natural justice. Matter remitted for rehearing. National Companies and Securities Commission Ltd v News CorporationLtd (1984) 156 CLR 296, Kioa v West (1985) 159 CLR 550, Allesch v Maunz (2000) 203 CLR 172 and Stead v State Government Insurance Commission (1986) 161 CLR 141 cited.
National Companies and Securities Commission Ltd v News Corporation Ltd (1984) 156 CLR 296
Kioa v West (1985) 159 CLR 550
Allesch v Maunz (2000) 203 CLR 172
Stead v State Government Insurance Commission (1986) 161 CLR 141
APPELLANT: KPR
RESPONDENT: MRS
FILE NUMBER: BRM 15134 of 2006
APPEAL NUMBER: EA 71 of 2007
DATE DELIVERED: 8 November 2007
PLACE DELIVERED: Parramatta
JUDGMENT OF: Coleman J
HEARING DATE: 1 November 2007
LOWER COURT JURISDICTION: Federal Magistrates Court
LOWER COURT JUDGMENT DATE: 8 May 2007
LOWER COURT MNC: [2007] FMCAfam 395

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Greg Levick
SOLICITOR FOR THE APPELLANT:

Ms Vivien Carty

Legal Aid Commission of NSW – Coffs Harbour

COUNSEL FOR THE RESPONDENT: Mr Loomes
SOLICITOR FOR THE RESPONDENT: Ms Pardeep Grewal
MBT Lawyers

Orders

  1. That the appeal be allowed.

  2. That the matter be remitted to the Federal Magistrates Court for rehearing by a Federal Magistrate other than Federal Magistrate Halligan.

  3. That the Court grants to the appellant a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 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 the appellant in relation to the appeal.

  4. That the Court grants to the respondent a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 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 the respondent in relation to the appeal.

  5. That the Court grants to the appellant a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 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 the appellant in relation to the rehearing.

  6. That the Court grants to the respondent a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a…

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KPR & MRS [2007] FamCA 1334
Case
[2007] FamCA 1334
Decision Date

CaseChat Overview and Summary

The Full Court of the Federal Court of Australia heard an appeal concerning a dispute between KPR (appellant) and MRS (respondent). The specific nature of the underlying dispute is not detailed in the provided text, but the proceedings involved an appeal from a decision of the Federal Magistrates Court.

The central legal issue before the Full Court was whether the original decision of the Federal Magistrates Court should be upheld or overturned. This involved a review of the findings and orders made by Federal Magistrate Halligan.

Coleman J, delivering the judgment, allowed the appeal. The Court reasoned that the matter should be reheard by a different Federal Magistrate. The orders also addressed costs, with the Court granting costs certificates under the *Federal Proceedings (Costs) Act 1981* to both the appellant and the respondent in relation to the appeal and the forthcoming rehearing.

Orders

Orders of the court

1.

That the appeal be allowed.

2.

That the matter be remitted to the Federal Magistrates Court for rehearing by a Federal Magistrate other than Federal Magistrate Halligan.

3.

That the Court grants to the appellant a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 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 the appellant in relation to the appeal.

4.

That the Court grants to the respondent a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 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 the respondent in relation to the appeal.

5.

That the Court grants to the appellant a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 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 the appellant in relation to the rehearing.

6.

That the Court grants to the respondent a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 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 the respondent in relation to the rehearing.

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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