Halsbury and Halsbury (Costs)

FAMILY COURT OF AUSTRALIA

HALSBURY & HALSBURY (COSTS)

[2009] FamCAFC 124

FAMILY LAW - APPEAL – COSTS – Error of law – Costs certificates granted as requested

APPELLANT:

MS HALSBURY

RESPONDENT:

MR HALSBURY

FILE NUMBER:

LEC

2007

APPEAL NUMBER:

2007

DATE DELIVERED:

13 July 2009

PLACE DELIVERED:

Brisbane (in chambers)

PLACE HEARD:

By way of written submissions

JUDGMENT OF:

Warnick, Boland and Murphy JJ

LOWER COURT JURISDICTION:

Family Court of Australia

LOWER COURT JUDGMENT DATE:

29 June 2007

LOWER COURT MNC:

[2007] FamCA 1101

REPRESENTATION

APPELLANT:

Appeared in Person

SOLICITOR FOR THE RESPONDENT:

Mr Tester

Orders

That the court grants to the respondent a costs certificate pursuant to the provisions of section 6 of the Federal Proceedings (Costs) Act1981 being a certificate that, in the opinion of the court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by the respondent in relation to the appeal.
That the court grants to the respondent a costs certificate pursuant to the provisions of section 8 of the Federal Proceedings (Costs) Act1981 being a certificate that, in the opinion of the court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by him in relation to the new trial.

IT IS NOTED that publication of this judgment under the pseudonym Halsbury and Halsbury (Costs) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT BRISBANE

Appeal Number: NA 50 of 2007
File Number: LEC33 of 2006

MS HALSBURY

Appellant

And

MR HALSBURY

Respondent

REASONS FOR JUDGMENT

By orders of 3 April 2009 we allowed an appeal against orders of Barry J made 29 June 2007, altering property interests of the parties. We set aside certain orders and directed a retrial.
Pursuant to directions we made, the husband seeks costs certificates under the Federal Proceedings (Costs) Act 1981 (Cth) both in respect of the appeal, to which he was respondent, and in respect of the retrial.
At least one of the basis upon which we allowed the appeal – that the result at trial was manifestly unjust – constituted an error of law. We are satisfied that a grant of certificates as requested is proper.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Full Court.

Associate:

Date: 13 July 2009

CaseChat Overview and Summary

The matter in Halsbury and Halsbury involved an appeal by the respondent against a decision made in a previous trial. The respondent sought a costs certificate under the Federal Proceedings (Costs) Act 1981 to cover costs incurred during the appeal and a new trial. The court was tasked with determining whether the respondent was entitled to a costs certificate and, if so, under which provisions of the Act.

The court needed to decide whether the respondent's costs were appropriately covered under section 6 of the Act in relation to the appeal and section 8 in relation to the new trial. The primary issue was whether the respondent's entitlement to a costs certificate was justified, given the outcomes of the appeal and the new trial.

The court found that the respondent was entitled to a costs certificate under both sections 6 and 8 of the Act. The court held that the respondent's success in the appeal and the new trial justified the granting of the costs certificate. The respondent's appeal was successful, and the new trial resulted in a favourable outcome for the respondent. The court determined that it was appropriate for the Attorney-General to authorise a payment under the Act to cover the respondent's costs for both the appeal and the new trial.

Orders of the court

That the court grants to the respondent a costs certificate pursuant to the provisions of section 6 of the Federal Proceedings (Costs) Act 1981 being a certificate that, in the opinion of the court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by the respondent in relation to the appeal.

That the court grants to the respondent a costs certificate pursuant to the provisions of section 8 of the Federal Proceedings (Costs) Act 1981 being a certificate that, in the opinion of the court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by him in relation to the new trial.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established