Pace & Pace (Costs)
[2014] FamCAFC 172
•15 September 2014
FAMILY COURT OF AUSTRALIA
| PACE & PACE (COSTS) | [2014] FamCAFC 172 |
| FAMILY LAW – APPEAL – Costs |
| Family Law Act 1975 (Cth) |
| APPELLANT: | Ms Pace |
| RESPONDENT: | Mr Pace |
| FILE NUMBER: | BRC | 859 | of | 2013 |
| APPEAL NUMBER: | NA | 76 | of | 2013 |
| DATE DELIVERED: | 15 September 2014 |
| PLACE DELIVERED: | Sydney |
| JUDGMENT OF: | May, Ainslie-Wallace & Kent JJ |
| HEARING DATE: | By way of written submissions |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 11 November 2013 |
| LOWER COURT MNC: | [2013] FCCA 2325 |
REPRESENTATION
| SOLICITOR FOR THE APPELLANT: | Brisbane Family Law Centre |
| SOLICITOR FOR THE RESPONDENT: | McNamara & Associates Solicitors |
Orders
it is ordered
That there be no order as to costs.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Pace & Pace (Costs) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT BRISBANE |
Appeal Number: NA 76 of 2013
File Number: BRC 859 of 2013
| Ms Pace |
Appellant
And
| Mr Pace |
Respondent
REASONS FOR JUDGMENT
On 11 July 2014 we made an order that the appeal against the orders of Judge Jarrett made on 11 November 2013 be dismissed.
We also made an order for each party to file and serve written submissions on the question of the costs of the appeal.
On 30 July 2014 the respondent, who succeeded in having the appeal dismissed, filed written submissions in support of an application for an order for costs of the appeal to be made in his favour.
On 22 August 2014 the appellant filed written submissions in response.
By letter to this Court dated 10 September 2014, counter signed by the respective lawyers for each party, the Court was advised, relevantly:
a)That the respondent withdraws his application for costs of the appeal;
b)That the appellant agrees to the withdrawal of the respondent’s application for costs; and
c)That the appellant and respondent agree that there are no further issues to be determined on the appeal.
In the circumstances the appropriate order as to costs is that it be ordered that there be no order as to costs.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Full Court (May, Ainslie-Wallace & Kent JJ) delivered on 15 September 2014.
Associate:
Date: 15 September 2014
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