Marsden and Winch (Costs) (No. 2)
[2008] FamCAFC 85
•20 June 2008
FAMILY COURT OF AUSTRALIA
| MARSDEN & WINCH (COSTS) (NO 2) | [2008] FamCAFC 85 |
| FAMILY LAW - APPEAL – From decision of Family Court Judge – COSTS – Wife applied for costs certificates under the Federal Proceedings (Costs) Act 1981 (Cth) – Husband did not oppose the application – Costs certificates granted to the respondent wife |
| Federal Proceedings (Costs) Act 1981, s 6 |
| Marsden and Winch (No 3) [2007] FamCA 1364 |
| APPELLANT: | Mr Marsden |
| RESPONDENT: | Ms Winch |
| FILE NUMBER: | CAF | 65 | of | 2004 |
| FIRST APPEAL NUMBER: | EA | 94 | of | 2006 |
| SECOND APPEAL NUMBER: | EA | 125 | of | 2006 |
| THIRD APPEAL NUMBER: | EA | 110 | of | 2007 |
| DATE DELIVERED: | 20 June 2008 |
| PLACE DELIVERED: | Brisbane |
| JUDGMENT OF: | Warnick, Thackray and Le Poer Trench JJ |
| HEARING DATE: | By way of written submissions |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 4 August 2006 22 November 2006 |
| LOWER COURT MNC: | [2006] FamCA 715 [2006] FamCA 1414 [2007] FamCA 1003 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Self represented |
| SOLICITOR FOR THE APPELLANT: | N/A |
| COUNSEL FOR THE RESPONDENT: | Mr Nash |
| SOLICITOR FOR THE RESPONDENT: | McGuinness Eley |
Orders
That the court grants to the respondent wife costs certificates pursuant to the provisions of section 6 of the Federal Proceedings (Costs) Act 1981 being certificates that, in the opinion of the court, it would be appropriate for the Attorney-General to authorise payment under that Act to the respondent wife in respect of the costs incurred by the respondent wife in relation to the appeal in proceedings EA110 of 2007 and the cross-appeal in proceedings EA125 of 2006.
IT IS NOTED that publication of this judgment under the pseudonym Marsden and Winch (Costs) (No 2) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Numbers: EA 94 of 2006; EA 125 of 2006; EA 110 of 2007
File Number: CAF 65 of 2004
| Mr Marsden |
Appellant
And
| Ms Winch |
Respondent
REASONS FOR JUDGMENT
In reasons for orders made 20 March 2008 we expressed the view that if the wife applied for certificates pursuant to the Federal Proceedings (Costs) Act 1981 (Cth) in respect of the cross-appeal in appeal EA 125 of 2006 and in respect of the appeal EA110 of 2007, such applications would receive favourable consideration.
She has now applied. The husband does not oppose the grant of certificates. We made have orders accordingly.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Full Court.
Associate:
Date: 20 June 2008
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