Sawer & Sawer

The Full Court of the Federal Court of Australia, comprising Finn, May, and Thackray JJ, considered an application by the Respondent Wife for security for costs in relation to two appeals filed by the Appellant Husband. The dispute concerned the provision of security for the costs associated with these appeals.

The primary legal issue before the court was whether the Appellant Husband should be ordered to provide security for the Respondent Wife's costs in both appeal No. EA 80 of 2005 and appeal No. EA 67 of 2006. The court was required to determine the appropriate sum for such security and the consequences of non-compliance.

The court reasoned that it had the power to order security for costs in appeals. It ordered the Appellant Husband to provide security in the sum of $5,000 for each appeal, to be paid to the Respondent Wife's solicitor within twenty-eight days and held in trust pending further order. The court further ordered that failure to comply with these orders would result in a permanent stay of the respective appeals. The costs of the applications for security for costs were reserved as costs in the appeals themselves.