Mercer v The Child Support Agency

[2004] FCA 551

FEDERAL COURT OF AUSTRALIA

Mercer v The Child Support Agency [2004] FCA 551

COSTS – ordinary rule as to costs followed

DENISE MARGARET MERCER v THE CHILD SUPPORT AGENCY

No Q 172 of 2001

SPENDER J
BRISBANE
5 MAY 2004

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 172 OF 2001

BETWEEN:	DENISE MARGARET MERCER APPLICANT
AND:	THE CHILD SUPPORT AGENCY RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	5 MAY 2004
WHERE MADE:	BRISBANE

THE COURT DECLARES THAT:

The respondent pay the applicant’s costs of and incidental to the application as agreed and, if not agreed, to be taxed.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 172 OF 2001

BETWEEN:	DENISE MARGARET MERCER APPLICANT
AND:	THE CHILD SUPPORT AGENCY RESPONDENT

JUDGE:	SPENDER J
DATE:	5 MAY 2004
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. On 23 April 2004, I delivered my reasons for judgment in this matter.  On the question of costs I ordered that any submissions as to why the ordinary rule as to costs should not be followed in this matter be filed by the respondent within seven days.

2. The solicitor for the respondent advised that the Child Support Agency consents to the Court making the following order: that the respondent pay the applicant’s costs of and incidental to the application as agreed and, if not agreed, to be taxed.

3. The solicitor for the applicant seeks that the Court make that order as to costs.

4. I therefore order that the respondent pay the applicant’s costs of and incidental to the application as agreed and, if not agreed, to be taxed.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender .

Associate:

Dated:            5 May 2004

Counsel for the Applicant:	Mr Stephen Keim
Solicitor for the Applicant:	Legal Aid Queensland
Counsel for the Respondent:	Mr Eric Howell
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	4 September 2002
Date of Judgment on Costs:	5 May 2004