Reisner and Reisner (Costs)
Case
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[2010] FamCA 588
•15 July 2010
Details
AGLC
Case
Decision Date
Reisner and Reisner (Costs) [2010] FamCA 588
[2010] FamCA 588
15 July 2010
CaseChat Overview and Summary
In *Reisner and Reisner (Costs)*, May J considered applications for costs certificates following the discontinuance of proceedings. The applications were made by the mother, the father, and the independent children's lawyer, all of whom had incurred costs in relation to the discontinued proceedings.
The central legal issue before the Court was whether to grant costs certificates to the parties pursuant to section 10(3) of the *Federal Proceedings (Costs) Act 1981* (Cth). This required the Court to determine if it was appropriate for the Attorney-General to authorise payment of costs to each applicant in respect of their involvement in the discontinued proceedings.
May J reasoned that the discretion to grant a costs certificate under section 10(3) of the *Federal Proceedings (Costs) Act 1981* (Cth) was engaged by the discontinuance of the proceedings. The Court found it appropriate to grant a costs certificate to each of the mother, the father, and the independent children's lawyer. The certificates indicated that, in the Court's opinion, it would be appropriate for the Attorney-General to authorise payment of such part of their incurred costs as the Attorney-General considered appropriate.
The central legal issue before the Court was whether to grant costs certificates to the parties pursuant to section 10(3) of the *Federal Proceedings (Costs) Act 1981* (Cth). This required the Court to determine if it was appropriate for the Attorney-General to authorise payment of costs to each applicant in respect of their involvement in the discontinued proceedings.
May J reasoned that the discretion to grant a costs certificate under section 10(3) of the *Federal Proceedings (Costs) Act 1981* (Cth) was engaged by the discontinuance of the proceedings. The Court found it appropriate to grant a costs certificate to each of the mother, the father, and the independent children's lawyer. The certificates indicated that, in the Court's opinion, it would be appropriate for the Attorney-General to authorise payment of such part of their incurred costs as the Attorney-General considered appropriate.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Most Recent Citation
Arndale and Kingley (Costs) [2011] FamCAFC 27
Cases Citing This Decision
2
Jacob and Lawrence (No 2)
[2013] FamCA 544
Arndale and Kingley (Costs)
[2011] FamCAFC 27
Cases Cited
2
Statutory Material Cited
2
B & B (Costs Certificates)
[2007] FamCA 1177
Gurnett v The Macquarie Stevedoring Co Pty Ltd [No 2]
[1956] HCA 29
B & B (Costs Certificates)
[2007] FamCA 1177