LAF v AP (No 2)

[2022] QDC 104

DISTRICT COURT OF QUEENSLAND

CITATION:

LAF v AP (No 2) [2022] QDC 104

PARTIES:

LAF

(Appellant)

v
AP

(Respondent)

FILE NO/S:

D36/21

DIVISION:

Appeal

PROCEEDING:

Appeal pursuant to Domestic and Family Violence Protection Act 2012 (Q)

ORIGINATING COURT:

Magistrates Court at Noosa; Magistrates Court at Toowoomba 

DELIVERED ON:

13 May 2022

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers. Written submissions by the appellant. Written submissions by the respondent.   

JUDGES:

Smith DCJA

ORDER:

1.   The respondent is to pay the appellant’s costs of the appeal on the standard basis as agreed or to be assessed.

2. I grant the respondent an indemnity certificate pursuant to section 15(2) of the Appeal Costs Fund Act 1973 (Q).

CATCHWORDS:

FAMILY LAW – DOMESTIC AND FAMILY VIOLENCE – Costs – whether power to award costs – whether indemnity costs should be awarded – whether an order fixing costs should be made – whether an indemnity certificate should be granted to the respondent  

Appeal Costs Fund Act 1973 (Q) ss 15, 16
Domestic and Family Violence Protection Act2012 (Qld) ss 142, 157
Domestic and Family Violence Protection Rules 2014 (Qld) r 3
Uniform Civil Procedure Rules 1999 (Q) rr 681, 766, 785

AVI v SLA (No 2) [2019] QDC 207, cited
BAK v Gallagher (No2) [2018] QDC 132, cited
Chan and Ors v MacArthur Minerals Ltd and Ors [2019] QSC 168, cited
Colgate Palmolive Co v Cussons Pty Ltd [1993] FCA 536; 46 FCR 225; 118 ALR 248, cited
HZA v ZHA [2018] QDC 125, applied
LAF v AP [2022] QDC 66, cited
Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72, cited
Nerinda Pty Ltd v Redcliffe City Council [2018] QCA 196 cited
Northern Territory v Sangare [2019] HCA 25; 265 CLR 164; 93 ALJR 959, cited
Urquhart v Partington [2016] QCA 199, applied

COUNSEL:

Ms C Ingenito for the appellant
Self-represented respondent

SOLICITORS:

Directly instructed by the appellant
Self-represented respondent

Introduction

1. Consequent upon the decision in LAF v AP[1] the appellant seeks her costs on an indemnity basis fixed in the sum of $28,762.55 and concedes the respondent should be granted a certificate under the Appeals Costs Fund Act 1973 (Q).

   [1][2022] QDC 66.

2. The respondent opposes any order for costs.     

   Appellant’s Submissions

3. The appellant submits that indemnity costs should be awarded as the respondent made allegations without material and wilfully disregarded known facts or established law. The respondent submitted the appellant did not suffer PTSD. It is submitted he made improper allegations regarding the appellant’s solicitor. It is further submitted the respondent made unfounded allegations of fact in the Magistrates Court, including that the appellant had delayed the proceedings. It is further submitted he made unfounded allegations about the appellant’s standing as a lawyer and made unfounded allegations regarding the settlement of the New South Wales action. It is submitted he made incorrect submissions concerning Ms Harbour. It is submitted in effect…