Melnik v Melnik [2005] FCAFC 207

Melnik v Melnik [2005] FCAFC 207

The respondent was entitled to a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) because the federal appeal succeeded on a question of law, the discretion to grant was unfettered, and it was appropriate in all the circumstances, including the significant legal issues involved.

Parties
Applicant: Joseph Morris Melnik; Respondent: Amanda Catherine Melnik
Jurisdiction
Australia
Judgment Date
23 September 2005
Procedural Posture
Federal Appeal / Costs Determination Following Appeal Decision
Outcome
Costs certificate granted to respondent
Legal Topics
Costs Certificates, Appeals, Contravention Proceedings, Bankruptcy and Family Law Interaction
Bankruptcy Law Family Law Costs Costs Certificates Appeals Contravention Proceedings Bankruptcy and Family Law Interaction

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Morris Melnik

Applicant

Amanda Catherine Melnik

Respondent

Procedural Posture

Federal Appeal / Costs Determination Following Appeal Decision

Legal Issues

  1. 1 Whether a costs certificate should be granted to the respondent under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) after a federal appeal succeeds on a question of law
  2. 2 The proper construction of s 58(3)(b) and s 60(1)(b) of the Bankruptcy Act 1966 (Cth) in context of contravention proceedings post-bankruptcy

Ratio Decidendi

The respondent was entitled to a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) because the federal appeal succeeded on a question of law, the discretion to grant was unfettered, and it was appropriate in all the circumstances, including the significant legal issues involved.

Court Disposition

Costs certificate granted to respondent

Orders

  • The Court grants to Amanda Catherine Melnik, the respondent in Federal appeal QUD 209 of 2004, a costs certificate in respect of that appeal, the certificate to state that, in the opinion of the Federal Court of Australia, it would be appropriate for the Attorney-General to authorise a payment under the Federal...