Event and Time
Event Description
- The event involves an appeal in family law concerning parenting orders made on 23 April 2020.
- The appeal was allowed on 6 August 2021, with various orders set aside and specific issues remitted for rehearing.
Application and Claims
- The parties in the appeal (the appellant father and the respondent mother) applied for costs certificates under the Federal Proceedings (Costs) Act 1981 (Cth) for costs incurred during the appeal.
Judicial Decisions
- The Court issued costs certificates to both the appellant and respondent, indicating it would be appropriate for the Attorney-General to authorize payment for their costs incurred in the appeal and rehearing process.
Dispute Points and Legal Basis
Dispute Points
- Appellant Father (Mr. Denham):
- Sought costs certificates for costs incurred during the appeal and associated rehearing. - Initially sought costs against the respondent but later withdrew this claim and only pursued costs certificates.
- Respondent Mother (Ms. Newsham):
- Sought costs certificates for her incurred costs as well. - Did not seek costs against the father.
- Common Ground:
- Both parties agreed on the necessity for costs certificates due to the conditions set by the legislation being met.
Ruling and Impact
Ruling Result
- The Court granted:
1. A costs certificate to the appellant father under of the Federal Proceedings (Costs) Act 1981 (Cth). 2. A costs certificate to the respondent mother under of the Federal Proceedings (Costs) Act 1981 (Cth). 3. Joint costs certificates for both parties under for the rehearing process.