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
That the appeal be allowed.
That the matter be remitted to the Federal Magistrates Court for rehearing by a Federal Magistrate other than Federal Magistrate Halligan.
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.
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.
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.
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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- AGLC
- KPR & MRS [2007] FamCA 1334
- Case
- [2007] FamCA 1334
- Decision Date
CaseChat Overview and Summary
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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