Marsden & Winch (Costs) (No. 2) [2008]

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

FAMILY COURT OF AUSTRALIA

REPRESENTATION

ORDERS

(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.

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).

Appeal Numbers: EA 94 of 2006; EA 125 of 2006; EA 110 of 2007
File Number: CAF 65 of 2004

Appellant

And

Respondent

REASONS FOR JUDGMENT

1. 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.
2. 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