MALLOY & REID (NO.2)

[2018] FamCAFC 137

FAMILY COURT OF AUSTRALIA

MALLOY & REID (NO.2) [2018] FamCAFC 137

FAMILY LAW – APPEAL – COSTS – Where the appeal and cross-appeal were dismissed – Financial circumstances of the parties considered – The appellant was wholly unsuccessful in the appeal and the respondent was wholly unsuccessful in the cross-appeal – Written offer of settlement – Appellant to pay the respondent’s costs in fixed sum.

Family Law Act 1975 (Cth) s 117
Family Law Rules 2004 (Cth)

Lenova & Lenova (Costs) [2011] FamCAFC 141

APPELLANT/CROSS RESPONDENT: Ms Malloy

RESPONDENT/CROSS APPELLANT: Mr Reid

FILE NUMBER: TVC 55 of 2016

APPEAL NUMBER: NA 58 of 2017

DATE DELIVERED: 26 July 2018

PLACE DELIVERED: Perth

PLACE HEARD: In Chambers

JUDGMENT OF: Thackray, Murphy & Aldridge JJ

HEARING DATE: In Chambers by way of written submissions

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 26 September 2017

LOWER COURT MNC: [2017] FamCA 760

REPRESENTATION

SOLICITOR FOR THE

APPELLANT/CROSS RESPONDENT:

Ruhl Family Law Centre

COUNSEL FOR THE

RESPONDENT/CROSS APPELLANT:

Mr Shoebridge with Ms Fraser

SOLICITOR FOR THE

RESPONDENT/CROSS APPELLANT:

Purcell Taylor Lawyers

Orders

1. The appellant pay the respondent’s costs of the appeal fixed in the sum of $10,000 which sum is to be deducted from the payment the respondent is obliged to make to the appellant pursuant to paragraph 35 of the orders made by the Honourable Justice Tree on 26 September 2017.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Molloy & Reid (No. 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT BRISBANE

Appeal Number: NA 58 of 2017
File Number: TVC 55 of 2016

Ms Malloy

Appellant/Cross Respondent

And

Mr Reid

Respondent/Cross Appellant

REASONS FOR JUDGMENT

1. On 11 May 2018 we dismissed the appellant’s appeal and the respondent’s cross‑appeal in relation to orders made by Tree J on 26 September 2017 (Molloy & Reid [2018] FamCAFC 89). The appeal was against the dismissal of the appellant’s application for permission to relocate to New Zealand, while the cross-appeal was against a notation to an injunction made against the respondent.

2. We must now consider the respondent’s application contained in submissions filed on 25 May 2018 seeking costs in accordance with Schedule 3 of the Family Law Rules 2004 (Cth) in the sum of $38,322.23. The respondent explained that the amount sought would have been greater, but that he had discounted his claim by 5 per cent on account of his lack of success in the cross‑appeal.

3. The appellant…