Maudlin and Stock

[2020] FamCAFC 74

FAMILY COURT OF AUSTRALIA

MAUDLIN & STOCK [2020] FamCAFC 74

FAMILY LAW – APPEAL – COSTS OF A DISCONTINUED APPEAL – Where the wife discontinued her Notice of Appeal four months after its filing – Where the husband seeks his costs of the discontinued appeal – Where the husband incurred costs prior to the wife’s discontinuance – Where the husband made an offer to not pursue his costs of the appeal if the wife paid a costs order made at first instance – Where the wife’s refusal of that offer was imprudent – Where the circumstances justify the making of an order for costs – Where the wife is to pay the husband’s costs fixed in the amount of $3,000.

Family Law Act 1975 (Cth) ss 94AAA, 117

Lenova & Lenova (Costs) [2011] FamCAFC 141

APPELLANT: Ms Maudlin

RESPONDENT: Mr Stock

FILE NUMBER: DNC 483 of 2018

APPEAL NUMBER: NOA 101 of 2019

DATE DELIVERED: 3 April 2020

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 3 April 2020

LOWER COURT JURISDICTION: Federal Circuit Court of Australia

LOWER COURT JUDGMENT DATE: 14 October 2019

LOWER COURT MNC: [2019] FCCA 2919

REPRESENTATION

THE APPELLANT: Self-represented by telephone

COUNSEL FOR THE RESPONDENT: Mr Barry by telephone

SOLICITOR FOR THE RESPONDENT: Darwin Family Law

Orders

1. The wife pay the husband’s costs incurred of and incidental to the appeal in the fixed sum of $3,000.

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 Maudlin & Stock 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 APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT
 BRISBANE

Appeal Number: NOA 101 of 2019
File Number: DNC 483 of 2018

Ms Maudlin

Appellant

And

Mr Stock

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This is an application by Mr Stock (whom for convenience will be referred to as “the husband”) for his costs as respondent to an appeal, consequent upon the discontinuance of that appeal by the appellant, Ms Maudlin (whom for convenience will be referred to as “the wife”).

2. Following a contested hearing on 14 October 2019, a Judge of the Federal Circuit Court of Australia (“the Federal Circuit Court”) made orders determining the husband’s application for discharge of spousal maintenance orders made some 20 years earlier. The orders made on 14 October 2019 provided for:

   a)The cessation of an ongoing spousal maintenance order in the amount of $100 per week payable by the husband to the wife (which order was made on 17 March 2000);

   b)Arrears under that order to be…