CDJ v VAJ (No 2) [1998] HCA 76

CDJ v VAJ (No 2) [1998] HCA 76

The appeal succeeded and Order 1 of the Full Court of the Family Court was set aside; the High Court remitted the matter to the Full Court to make further orders regarding alteration of property and costs, with specific costs orders as to the parties and children's representative, and the respondent granted a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) for the proceedings in the High Court.

Jurisdiction
Australia
Procedural Posture
Appeal / Orders Following Appeal Judgment
Outcome
Appeal allowed. Order 1 of Full Court of Family Court set aside. Matter remitted to Full Court for further orders on property alteration and costs.
Legal Topics
['orders as to Costs' 'alteration of Property' 'residency and Contact' 'costs Certificates']
['family Law' 'costs'] ['orders as to Costs' 'alteration of Property' 'residency and Contact' 'costs Certificates']

Case Brief

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Procedural Posture

Appeal / Orders Following Appeal Judgment

Legal Issues

  1. 1 ['Whether the appeal to the Full Court of the Family Court should have been allowed regarding orders as to residency and contact' 'Appropriate orders as to costs following appeal' 'Application of the Federal Proceedings (Costs) Act 1981 (Cth) costs certificates']

Ratio Decidendi

The appeal succeeded and Order 1 of the Full Court of the Family Court was set aside; the High Court remitted the matter to the Full Court to make further orders regarding alteration of property and costs, with specific costs orders as to the parties and children's representative, and the respondent granted a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) for the proceedings in the High Court.

Court Disposition

Appeal allowed. Order 1 of Full Court of Family Court set aside. Matter remitted to Full Court for further orders on property alteration and costs.

Orders

  • ['Set aside Order 1 of the orders of the Full Court of the Family Court of Australia.' 'Remit the matter to the Full Court of the Family Court to make such further order as is necessary with respect to the alteration of property and, if appropriate, an order as to the costs of proceedings in the Full Court.' "The...