Kelly & Huber [2025] FedCFamC2F 1345 (26 September 2025)

1. By agreement between counsel, the hearing proceeded without cross-examination of the parties or the family report writers, given the narrow issues in dispute.
2. I have considered all of the evidence relied upon and submissions made by the parties and do not propose to repeat all the evidence put forward by the parties in these reasons for judgment. In Tibb & Sheean [2018] FamCAFC 142; (2018) 58 Fam LR 351 at [75] - [88] the Full Court affirmed what was espoused in Whisprun Pty Ltd v Dixon [2003] HCA 48; (2003) 200 ALR 447 at [62], where Gleeson CJ, McHugh and Gummow JJ said:

1. The mother informs the court that she is not engaged in remunerative employment outside of the home as she undertakes homeschooling for the children. Her sole source of income, she submits, is a Government single parenting payment.
2. The parties settled property matters by consent. Annexed to the mother's affidavit was a copy of the final property Order dated 19 August 2024 ('the property Order').[9] Clause 1(a) of the property Order provided that the mother receive $100,000 from joint funds. In her written submissions she informs the court that the funds she received were used to clear debts and the remaining balance, used as a deposit on her home. She otherwise informs the court that she has no significant cash reserves whatsoever.
3. The mother's financial circumstances are relevant, but not determinative. Even if she were impecunious, a costs order could still be made: Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164.
4. The father does not tell the court of his financial circumstances, save for being employed on a full-time basis in the mining industry. The property Order at clause 1(b) provides for a payment to the father in the amount of $60,165.82 from joint funds. There is no evidence before the court as to how the father used these funds.
5. I am not persuaded that the parties' circumstances justify or preclude the court from making an order as to costs.

(2019) 265 CLR 164

(2018) 58 Fam LR 351

(2003) 200 ALR 447