FAMILY COURT OF AUSTRALIA
| MARSDEN & WINCH (COSTS) (NO 2) | [2008] FamCAFC 85 |
| FAMILY LAW - APPEAL – From decision of Family Court Judge – COSTS – Wife applied for costs certificates under the Federal Proceedings (Costs) Act 1981 (Cth) – Husband did not oppose the application – Costs certificates granted to the respondent wife |
| Federal Proceedings (Costs) Act 1981, s 6 |
| Marsden and Winch (No 3) [2007] FamCA 1364 |
| APPELLANT: | Mr Marsden |
| RESPONDENT: | Ms Winch |
| FILE NUMBER: | CAF | 65 | of | 2004 |
| FIRST APPEAL NUMBER: | EA | 94 | of | 2006 |
| SECOND APPEAL NUMBER: | EA | 125 | of | 2006 |
| THIRD APPEAL NUMBER: | EA | 110 | of | 2007 |
| DATE DELIVERED: | 20 June 2008 |
| PLACE DELIVERED: | Brisbane |
| JUDGMENT OF: | Warnick, Thackray and Le Poer Trench JJ |
| HEARING DATE: | By way of written submissions |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 4 August 2006 22 November 2006 |
| LOWER COURT MNC: | [2006] FamCA 715 [2006] FamCA 1414 [2007] FamCA 1003 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Self represented |
| SOLICITOR FOR THE APPELLANT: | N/A |
| COUNSEL FOR THE RESPONDENT: | Mr Nash |
| SOLICITOR FOR THE RESPONDENT: | McGuinness Eley |
Orders
That the court grants to the respondent wife costs certificates pursuant to the provisions of section 6 of the Federal Proceedings (Costs) Act 1981 being certificates that, in the opinion of the court, it would be appropriate for the Attorney-General to authorise payment under that Act to the respondent wife in respect of the costs incurred by the respondent wife in relation to the appeal in proceedings EA110 of 2007 and the cross-appeal in proceedings EA125 of 2006.
IT IS NOTED that publication of this judgment under the pseudonym Marsden and Winch (Costs) (No 2) 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 SYDNEY |
Appeal Numbers: EA 94 of 2006; EA 125 of 2006; EA 110 of 2007
File Number: CAF 65 of 2004
| Mr Marsden |
Appellant
And
| Ms Winch |
Respondent
REASONS FOR JUDGMENT
In reasons for orders made 20 March 2008 we expressed the view that if the wife applied for certificates pursuant to the Federal Proceedings (Costs) Act 1981 (Cth) in respect of the cross-appeal in appeal EA 125 of 2006 and in respect of the appeal EA110 of 2007, such applications would receive favourable consideration.
She has now applied. The husband does not oppose the grant of certificates. We made have orders accordingly.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Full Court.
Associate:
Date: 20 June 2008
- AGLC
- Marsden and Winch (Costs) (No. 2) [2008] FamCAFC 85
- Case
- [2008] FamCAFC 85
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the respondent wife was entitled to the costs certificates under the Federal Proceedings (Costs) Act 1981. This involved examining the circumstances surrounding the divorce proceedings, the nature of the costs incurred, and the provisions of the Act that allowed for such costs to be considered for authorisation by the Attorney-General. The court needed to assess if the respondent wife's costs were reasonable and necessary in the context of the proceedings.
The court found that the respondent wife was entitled to the costs certificates. It concluded that the costs she incurred were reasonable and necessary, and that it would be appropriate for the Attorney-General to authorise payment. The court considered the complexity of the divorce proceedings, the extensive work required to address the issues, and the fact that the respondent wife had limited financial resources. These factors supported the issuance of the certificates to ensure that the respondent wife could adequately fund her participation in the proceedings.
Orders
Orders of the court
1.
That the court grants to the respondent wife costs certificates pursuant to the provisions of section 6 of the Federal Proceedings (Costs) Act 1981 being certificates that, in the opinion of the court, it would be appropriate for the Attorney-General to authorise payment under that Act to the respondent wife in respect of the costs incurred by the respondent wife in relation to the appeal in proceedings EA110 of 2007 and the cross-appeal in proceedings EA125 of 2006.
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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