Sanders & Sanders (No 2)

[2023] FedCFamC1A 1

Federal Circuit and Family Court of Australia

(DIVISION 1) APPELLATE JURISDICTION

Sanders & Sanders (No 2) [2023] FedCFamC1A 1

Appeal from:

Sanders & Sanders [2022] FedCFamC1F 213

Appeal number:

NAA 96 of 2022

File number:

SYC 7660 of 2020

Judgment of:

AUSTIN, BENNETT & GILL JJ

Date of judgment:

27 January 2023

Catchwords:

FAMILY LAW – APPEAL – COSTS – Where the respondent sought to adjourn the consideration of costs until after the handing down of judgment – Where the appeal was dismissed – Where the appellant father has been wholly unsuccessful in their appeal – Where the appellant father did not file written submissions in opposition to an application for costs – Where cost submissions were made only by the respondent mother – Consideration of s 117 of the Family Law Act 1975 (Cth) – Costs ordered in a fixed sum.

Legislation:

Family Law Act 1975 (Cth) s 117

Cases cited:

Colgate Palmolive Co and Another v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 536

Kohan and Kohan (1993) FLC 92-340; [1992] FamCA 116

Penfold v Penfold (1980) 144 CLR 311; [1980] HCA 4

Quickley & Pelissier [2016] FamCAFC 124

Number of paragraphs:

17

Date of last submission:

13 December 2022

Date of hearing:

Heard by way of written submissions

Place:

In Chambers

The Appellant:

Litigant in person

Counsel for the Respondent:

Mr Givney

Solicitor for the Respondent:

Minors Family Law

Counsel for the Independent Children’s Lawyer:

Mr O’Brien

Solicitor for the Independent Children’s Lawyer:

Russell Kennedy Lawyers

ORDERS

NAA 96 of 2022
SYC 7660 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR SANDERS

Appellant

AND:

MS SANDERS

Respondent

INDEPENDENT CHILDREN’S LAWYER

order made by:	AUSTIN, BENNETT & GILL JJ
DATE OF ORDER:	27 January 2023

THE COURT ORDERS THAT:

1.The appellant pay the respondent’s costs of the appeal fixed in the sum of $8,900.37 within 28 days of these orders in accordance with a direction provided to him in writing by the respondent’s legal representatives.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

IT IS NOTED that publication of this judgment by this Court under a pseudonym Sanders & Sanders (No 2) has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

AUSTIN, BENNETT & GILL JJ:

1. This judgment concerns an application for costs of the appeal by the respondent following the dismissal of the appeal.

2. At the conclusion of the hearing of the appeal the court invited submissions in relation to costs. During those submissions the respondent sought to adjourn the consideration of…