Rodgers & Pisani

[2007] FamCA 1510

FAMILY COURT OF AUSTRALIA

RODGERS & PISANI [2007] FamCA 1510

FAMILY LAW - SECURITY FOR COSTS – Application by the wife for security for costs in relation to an appeal instituted by the husband – Application dismissed.

Family Law Act 1975 (Cth) – s 117

Sawer and Sawer [2007] FamCA 140
Beaumont and Cross (Security for Costs) [2007] FamCA 1129
Simpson and McGuren (2005) FLC 93,223
Jones and Jones (2001) FLC 93-080
Gronow v Gronow (1979) FLC 90-716
McAlpin and McAlpin (1993) FLC 92-411
Luadaka v Luadaka (1998) FLC 92-830; 24 Fam LR 340

APPLICANT: Ms Rodgers

RESPONDENT: Mr Pisani

INDEPENDENT CHILDREN’S LAWYER: Melanie Robb

FILE NUMBER: MLF 3306 of 2004

APPEAL NUMBER: EA 78 of 2006

DATE DELIVERED: 20 December 2007

PLACE DELIVERED: Canberra

JUDGMENT OF: Bryant CJ, Finn & Mullane JJ

HEARING DATE: 4 October 2007

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATES: 20 June 2006

LOWER COURT MNC: [2006] FamCA 536

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Wearne

SOLICITOR FOR THE APPLICANT: Legal Aid Commission NSW

COUNSEL FOR THE RESPONDENT: Mr Watkins

SOLICITOR FOR THE RESPONDENT:

COUNSEL FOR THE INDEPENDENT

CHILDREN’S LAWYER:

Mr Harper

SOLICITOR FOR THE INDEPENDENT

CHILDREN’S LAWYER:

Robb & Associates

Orders

1. That the application for security for costs filed on behalf of the wife on 19 December 2006 be dismissed.

2. That the costs of and incidental to the application referred to in Order 1 of these orders be reserved as costs in the appeal of the husband against the orders made by the Honourable Justice Carter on 20 June 2006.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Full Court delivered this day will for all publication and reporting purposes be referred to as Rodgers & Pisani.

FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 78 of 2006
File Number: MLF 2206 of 2004

Ms Rodgers

Applicant

And

Mr Pisani

Respondent

And

Melanie Robb

Independent Children’s Lawyer

Reasons for Judgment

Bryant CJ and Finn J:

1. This is an application by the wife, Ms Rodgers, (filed on her behalf by a solicitor with the New South Wales Legal Aid Commission) seeking orders that the husband, Mr Pisani, be required to lodge security in the sum of $3,458.65 for the costs which might be incurred on the wife’s behalf in relation to an appeal which the husband has instituted against parenting orders made by Carter J on 20 June 2006.

Background

1. Her Honour’s orders of 20 June 2006, which were made after a six day hearing in February and March 2006, provided that the three children of the marriage of the husband and the wife should reside with the wife, but that they would have contact with the husband from Friday afternoon to Tuesday morning each alternate weekend and from Monday afternoon to Tuesday morning in the alternate week (that is, five nights in each fortnight) and for half the school holidays.

2. On 20 June 2006 Carter J also delivered lengthy reasons in relation to her…