Ramsey and Ramsey (Costs) - [2017] FamCAFC 117

FAMILY COURT OF AUSTRALIA

RAMSEY & RAMSEY (COSTS)

[2017] FamCAFC 117

FAMILY LAW – APPEAL – Appeal allowed by consent – Costs certificates issued for rehearing – Circumstances in which costs certificates may be issued under s 8 of the Federal Proceedings (Costs) Act 1981 (Cth) considered.

Family Law Act 1975 (Cth)
Federal Proceedings (Costs) Act 1981 (Cth) s 8

Alford & Alford [2015] FamCAFC 100

APPELLANT:

Mr Ramsey

RESPONDENT:

Ms Ramsey

FILE NUMBER:

SYD

1968

2008

APPEAL NUMBER:

202

2016

DATE DELIVERED:

5 May 2017

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Thackray J

HEARING DATE:

5 May 2017

LOWER COURT JURISDICTION:

Federal Circuit Court of Australia

LOWER COURT JUDGMENT DATE:

26 July 2016

LOWER COURT MNC:

[2016] FCCA 1894

REPRESENTATION

COUNSEL FOR THE APPELLANT:

No appearance

SOLICITOR FOR THE APPELLANT:

KHQ Lawyers

COUNSEL FOR THE RESPONDENT:

No appearance

SOLICITOR FOR THE RESPONDENT:

Monardo Legal

Orders

BY CONSENT:-

The appeal be allowed.
The matter be remitted for rehearing in the Federal Circuit Court of Australia on a date to be fixed.
The Court grants to the appellant and the respondent pursuant to the provisions of s 8 of the Federal Proceedings (Costs) Act 1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney‑General to authorise a payment under that Act to each of them in respect of the costs incurred by them in relation to the rehearing of the issue remitted.

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 Ramsey & Ramsey (Costs) 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).

IN THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 202 of 2016
File Number: SYC 1968 of 2008

Mr Ramsey

Appellant

And

Ms Ramsey

Respondent

EX TEMPORE REASONS FOR JUDGMENT

Before the Court is an appeal from an order of the Federal Circuit Court made on 26 July 2016. The Notice of Appeal was filed on 3 February 2017 in accordance with leave granted by Ainslie-Wallace J on 31 January 2017.
The matter is listed today following the Court receiving a minute of consent orders signed by the solicitors for the appellant and the respondent. The proposed orders provide that the appeal be allowed, that the matter be remitted for rehearing in the Federal Circuit Court of Australia on a date to be fixed, and that each party be granted a costs certificate for the rehearing.
I am dealing with the matter in the parties’ absence to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2017] FamCAFC 117
Decision Date: 5 May 2017

CaseChat Overview and Summary

The appellant and respondent were parties in proceedings before the Federal Circuit Court of Australia, with the appellant seeking to appeal a decision made by the lower court. The primary dispute concerned the costs associated with the legal proceedings, specifically the allocation of those costs between the parties. The matter was brought before the Federal Court of Australia for determination of the appeal and the associated costs.

The legal issues before the court centred on whether the appeal should be allowed and, if so, whether the costs incurred by both parties in relation to the appeal should be subject to a certificate under section 8 of the Federal Proceedings (Costs) Act 1981 (Cth). This would allow for potential payment of those costs by the Attorney-General. The court had to consider the appropriateness of the certificate being issued, as well as the implications for the allocation of costs between the parties.

The Federal Court of Australia allowed the appeal and remitted the matter for rehearing in the Federal Circuit Court of Australia. The Court determined that it would be appropriate to issue a certificate under section 8 of the Federal Proceedings (Costs) Act 1981 (Cth) for both parties. This decision allowed for the possibility of the Attorney-General authorising a payment of the costs incurred by each party in relation to the rehearing of the issue that had been remitted.

The court made specific orders to reflect its decision. The appeal was allowed, and the matter was remitted for rehearing in the Federal Circuit Court of Australia on a date to be fixed. The Court also granted a certificate to both parties under section 8 of the Federal Proceedings (Costs) Act 1981 (Cth), allowing for the possibility of the Attorney-General authorising a payment of the costs incurred by each party in relation to the rehearing of the remitted issue. The form of the order is subject to the entry of the order in the Court’s records.

Orders

Orders of the court

BY CONSENT:-

The appeal be allowed.

The matter be remitted for rehearing in the Federal Circuit Court of Australia on a date to be fixed.

The Court grants to the appellant and the respondent pursuant to the provisions of s 8 of the Federal Proceedings (Costs) Act 1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney‑General to authorise a payment under that Act to each of them in respect of the costs incurred by them in relation to the rehearing of the issue remitted.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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