Mercer v The Child Support Agency [2004] FCA 551

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 .