FAMILY COURT OF AUSTRALIA
| SHIRLEY & MOORE | [2019] FamCAFC 197 |
| FAMILY LAW – APPLICATION IN AN APPEAL – COSTS – DISCONTINUED APPEAL – Where the appeal was discontinued by the appellant – Where the applicant was the respondent to the discontinued appeal – Where the applicant seeks costs of and incidental to the discontinued appeal on an indemnity basis – Where the respondent seeks costs of and incidental to the applicant’s Application in an Appeal – Where the respondent’s financial circumstances and conduct of the appeal justify departure from s 117(1) of the Family Law Act 1975 (Cth) – Where an award of indemnity costs is not appropriate – Where no orders for costs associated with the Application in an Appeal are made – Ordered the respondent pay the applicant’s costs of and incidental to the discontinued appeal in a fixed amount – Where costs are calculated on an ordinary party/party basis – Applications otherwise dismissed. |
| Family Law Act 1975 (Cth) ss 117(1), 117(2A) |
| Bant v Clayton (Costs) (2016) 56 Fam LR 31; [2016] FamCAFC 35 Bhatt & Acharya (Costs) [2017] FamCAFC 71 Caffyn & Caffyn [2018] FamCAFC 259 Kohan and Kohan (1993) FLC 92-340; [1992] FamCA 116 Parke & The Estate of The Late A Parke (2016) FLC 93-748; [2016] FamCAFC 248 Ralton & Ralton [2017] FamCAFC 182 Rankin & Rankin (No.3) [2019] FamCAFC 133 SCVG & KLD [2017] FamCAFC 95 Tsay & Lou (No. 2) [2018] FamCAFC 245 Yunghanns v Yunghanns (2000) FLC 93-029; [2000] FamCA 681 |
| APPLICANT: | Mr Shirley |
| RESPONDENT: | Ms Moore |
| INDEPENDENT CHILDREN’S LAWYER: | DA Family Lawyers |
| FILE NUMBER: | PAC | 3139 | of | 2013 |
| APPEAL NUMBER: | NOA | 108 | of | 2018 |
| DATE DELIVERED: | 31 October 2019 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Strickland, Kent & Austin JJ |
| HEARING DATE: | 31 October 2019 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 23 November 2018 |
| LOWER COURT MNC: | [2018] FamCA 988 |
REPRESENTATION
| THE APPLICANT: | In person (via telephone) |
| SOLICITOR FOR THE RESPONDENT: | Fallu McMillan Lawyers |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | DA Family Lawyers (Appearance excused) |
Orders
(1)The respondent shall pay the applicant’s costs of and incidental to the appeal, fixed in the sum of $2,800.
(2)Otherwise, the Application in an Appeal filed on 2 August 2019 and the Response to an Application in an Appeal filed on 30 August 2019 are dismissed.
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 Shirley & Moore 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).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT BRISBANE |
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- AGLC
- Shirley and Moore [2019] FamCAFC 197
- Case
- [2019] FamCAFC 197
- Decision Date
CaseChat Overview and Summary
The court had to consider whether the lower court had correctly applied the law in making its decision, and whether the decision was just and equitable in the circumstances. The court examined the evidence and arguments presented by both parties and considered relevant legal principles. The court found that the lower court had correctly applied the law and that the decision was just and equitable. The court dismissed the appeal and ordered that the respondent pay the applicant's costs of and incidental to the appeal.
The court's reasoning was based on a detailed analysis of the evidence and arguments presented, as well as a thorough examination of relevant statutes and case law. The court found that the lower court had considered all relevant factors and had made a decision that was in the best interests of the child. The court's decision was final and binding, and the appeal was dismissed. The court's order for the respondent to pay the applicant's costs of and incidental to the appeal was intended to ensure that the applicant was not financially disadvantaged by the appeal process.
Orders
Orders of the court
(1) The respondent shall pay the applicant’s costs of and incidental to the appeal, fixed in the sum of $2,800.
(2) Otherwise, the Application in an Appeal filed on 2 August 2019 and the Response to an Application in an Appeal filed on 30 August 2019 are dismissed.
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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