Buber & Schwarz [2026] FedCFamC1A 60 (13 April 2026)

1. The application for leave to appeal from all orders made on 3 November 2025 is refused.
2. The mother sought her party/party costs of this appellate proceeding, which she should have. The application for leave to appeal was wholly unsuccessful and should never have been brought, which considerations weigh more heavily than the father's asserted poor financial circumstances. Such costs are properly fixed at $10,663 in accordance with the schedule of costs filed by the mother. The father also objected to the quantum of the claimed costs, but it is accepted they are calculated on a party/party scale basis.

I certify that the preceding sixty (60) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Austin.