Paul and Kylie (Costs)

[2010] FamCAFC 190

Family Court Of Australia

PAUL & KYLIE (COSTS) [2010] FamCAFC 190

FAMILY LAW - COSTS – Application by the Father that the Mother pay the costs of the appeal proceedings – Where the Father’s appeal was successful – Where the Father was unrepresented and the Mother was funded by Legal Aid – Where the Mother is a pensioner – Where the Father conceded the Mother’s financial situation – Where the Mother’s financial circumstances were taken into account – s 117(2A)(a) – Application for costs dismissed

Brott and Joachim (2006) FLC 93-259
Latoudis v Casey (1990) 170 CLR 534
Penfold v Penfold (1980) 144 CLR 311
Re JJT; Ex parte Victoria Legal Aid (1998) 195 CLR 184
Ruddock and Ors v Vadarlis and Ors (2001) 188 ALR 143

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

APPELLANT: MR PAUL

RESPONDENT: MS KYLIE

FILE NUMBER: MLC 1806 of 2009

APPEAL NUMBER: SA 42 of 2009

DATE DELIVERED: 23 September 2010

PLACE DELIVERED: Sydney

JUDGMENT OF: O’Ryan J

HEARING DATE: By way of written submissions

LOWER COURT JURISDICTION: Federal Magistrates Court

LOWER COURT JUDGMENT DATE: 7 April 2009

LOWER COURT MNC: [2009] FMCAfam 460

Representation

THE APPELLANT: Self-Represented

COUNSEL FOR THE RESPONDENT: Mr Ramsey

SOLICITOR FOR THE RESPONDENT: Wightons Lawyers

Orders

1. The application in an appeal filed by the Father on 20 July 2010 for costs of the proceedings determined on 23 June 2010 be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Paul & Kylie (Costs) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE APPELLATE DIVISION OF THE FAMILY COURT OF AUSTRALIA

Appeal Number:       SA 42 of 2009
File Number:            MLC 1806 of 2009

MR PAUL

Appellant

And

MS KYLIE

Respondent

Reasons For Judgment

Introduction

1. On 23 June 2010 I pronounced judgment in relation to an appeal against orders made by Federal Magistrate Turner.  I allowed the appeal and remitted the matter back to the Federal Magistrates Court for rehearing before a Federal Magistrate other than Federal Magistrate Turner. 

2. The appellant in the appeal was Mr Paul (“the Father”).  The respondent in the appeal was Ms Kylie (“the Mother”).

3. In reasons for judgment delivered on 23 June 2010 I said:

   1.     This is an appeal by [Mr Paul] (“the Father”) against orders made by Federal Magistrate Turner on 7 April 2009 summarily dismissing an application of the Father for parenting orders and granting an application by [Ms Kylie] (“the Mother”) for parenting orders.  The Respondent to the appeal is the Mother.  Both parties sought a variation of final parenting orders made on 9 July 2007.

   2.     The Mother lives in [G] and the Father lives in [L].  [L] is approximately one and a half hour drive north of [G].  Pursuant to the orders made on 9 July 2007 the changeover point for the child between the parents was initially at [K] and then as from October 2007 at [Business A], located at [C].  In consequence of the orders of…