High Court of Australia
High Court of Australia Gaudron, McHugh, Gummow, Kirby and Callinan JJ CDJ v VAJ (No 2) (S32/1998) [1998] HCA 76
ORDER
1. Set aside Order 1 of the orders of the Full Court of the Family Court of Australia.
2. 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.
3. The appellant and respondent each pay one-half of the costs of the children's representative of the proceedings in this Court.
4. The respondent pay the appellant's costs of the proceedings in this Court.
5. The respondent to have a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 Cth in respect of the proceedings in this Court.
Gaudron, McHugh, Gummow and Callinan JJ
1. On 22 October 1998, the Court allowed an appeal from the decision of the Full Court of the Family Court of Australia in this matter. The parties were given liberty to file written submissions with respect to certain additional orders to be made. The Court has received and considered those written submissions.
2. We are of the view that further orders should be made as follows:
1. Set aside Order 1 of the orders of the Full Court of the Family Court of Australia.
2. 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.
3. The appellant and respondent each pay one-half of the costs of the children's representative of the proceedings in this Court.
4. The respondent pay the appellant's costs of the proceedings in this Court.
5. The respondent to have a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 Cth in respect of the proceedings in this Court.
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