Valentine and Lacerra and Anor (Independent Children’s Lawyer - Costs)

[2013] FamCAFC 73

FAMILY COURT OF AUSTRALIA

VALENTINE & LACERRA AND ANOR (INDEPENDENT CHILDREN’S LAWYER - COSTS) [2013] FamCAFC 73

FAMILY LAW – APPEAL – INDEPENDENT CHILDREN’S LAWYER – COSTS CERTIFICATES – where the Independent Children’s Lawyer made an oral application for costs certificates for both the appeal and any rehearing pursuant to sections 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth) – where orders were made for the Independent Children’s Lawyer to file any submissions in support of that application if it was to be pursued – where the Independent Children’s Lawyer has filed no submissions nor indicated whether or not the application is pursued – application dismissed.

Family Law Act 1975 (Cth)
Federal Proceedings (Costs) Act 1981 (Cth)

Yates & Yates (Independent Children’s Lawyer - Costs) [2012] FamCAFC 219

APPELLANT: Mr Valentine

FIRST RESPONDENT:	Ms Lacerra
SECOND RESPONDENT:	Ms Dalley

INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW

FILE NUMBER: PAC 2473 of 2011

APPEAL NUMBER: EA 60 of 2012

DATE DELIVERED: 7 May 2013

PLACE DELIVERED: Adelaide

PLACE HEARD: In Chambers

ADDENDUM JUDGMENT OF: Faulks DCJ, Coleman & Strickland JJ

LOWER COURT JURISDICTION: Federal Magistrates Court

LOWER COURT JUDGMENT DATE: 2 April 2012

LOWER COURT MNC: [2012] FMCAfam 414

REPRESENTATION

COUNSEL FOR THE APPELLANT: Dr Harper SC

COUNSEL FOR THE FIRST & SECOND RESPONDENTS: Ms Judge

SOLICITOR FOR THE FIRST & SECOND RESPONDENTS: John Spence & Associates

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Sperling

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW

Orders

1. The oral application for costs certificates pursuant to sections 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth) made by the Independent Children’s Lawyer on 6 December 2012 be dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Valentine & Lacerra and Anor (Independent Children’s Lawyer – Costs) has been approved by the Chief Justice 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 Number: EA 60 of 2012
File Number: PAC 2473 of 2011

Mr Valentine

Appellant

And

Ms Lacerra

First Respondent

And

Ms Dalley

Second Respondent

And

Independent Children’s Lawyer

ADDENDUM REASONS FOR JUDGMENT

Introduction

1. We delivered our reasons for judgment in this appeal on 9 April 2013.

2. We recorded in paragraph 94 of our reasons that at the hearing of the appeal on 6 December 2012, in the event that the appeal was successful the Independent Children’s Lawyer sought costs certificates under the Federal Proceedings (Costs) Act 1981 (Cth) for both the appeal and any rehearing.

3. In paragraph 95 of our reasons we indicated that as a result of the decision of the Full Court (Finn, Strickland and Johnston JJ) in Yates & Yates (Independent Children’s Lawyer - Costs) [2012] FamCAFC 219 which was delivered after we had reserved our decision in this appeal, we should give the Independent Children’s Lawyer the opportunity to make written submissions in support of that application if it was still pursued. Accordingly, we made an order that if the application was pursued written submissions should be filed and served by the Independent Children’s Lawyer within 21 days.

4. That period expired on 30 April 2013, and there has been no indication from the Independent Children’s Lawyer as to whether or not the application is pursued, and no written submissions have been filed.

5. In these circumstances we propose to formally dismiss the application for costs certificates made by the Independent Children’s Lawyer.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Full Court (Faulks DCJ, Coleman & Strickland JJ) delivered on 7 May 2013.

Associate: 

Date:  7 May 2013