FEDERAL COURT OF AUSTRALIA

 

Mercer v The Child Support Agency [2004] FCA 551

 


 

 

 

COSTS – ordinary rule as to costs followed


 

 

DENISE MARGARET MERCER v THE CHILD SUPPORT AGENCY

 

No Q 172 of 2001

 

 

 

SPENDER J

BRISBANE

5 MAY 2004


IN THE FEDERAL COURT OF AUSTRALIA

 

QUEENSLAND DISTRICT REGISTRY

Q 172 OF 2001

 

BETWEEN:

DENISE MARGARET MERCER

APPLICANT

 

AND:

THE CHILD SUPPORT AGENCY

RESPONDENT

 

JUDGE:

SPENDER J

DATE OF ORDER:

5 MAY 2004

WHERE MADE:

BRISBANE

 

THE COURT DECLARES THAT:


The respondent pay the applicant’s costs of and incidental to the application as agreed and, if not agreed, to be taxed.


Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.



IN THE FEDERAL COURT OF AUSTRALIA

 

QUEENSLAND DISTRICT REGISTRY

Q 172 OF 2001

 

BETWEEN:

DENISE MARGARET MERCER

APPLICANT

 

AND:

THE CHILD SUPPORT AGENCY

RESPONDENT

 

 

JUDGE:

SPENDER J

DATE:

5 MAY 2004

PLACE:

BRISBANE


REASONS FOR JUDGMENT

1                     On 23 April 2004, I delivered my reasons for judgment in this matter. On the question of costs I ordered that any submissions as to why the ordinary rule as to costs should not be followed in this matter be filed by the respondent within seven days.

2                     The solicitor for the respondent advised that the Child Support Agency consents to the Court making the following order: that the respondent pay the applicant’s costs of and incidental to the application as agreed and, if not agreed, to be taxed.

3                     The solicitor for the applicant seeks that the Court make that order as to costs.

4                     I therefore order that the respondent pay the applicant’s costs of and incidental to the application as agreed and, if not agreed, to be taxed.


I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender .



Associate:


Dated: 5 May 2004



Counsel for the Applicant:

Mr Stephen Keim



Solicitor for the Applicant:

Legal Aid Queensland



Counsel for the Respondent:

Mr Eric Howell



Solicitor for the Respondent:

Australian Government Solicitor



Date of Hearing:

4 September 2002



Date of Judgment on Costs:

5 May 2004