Lap v Hby & Anor

[2021] QCA 123

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule costs follow the event
4. › Whether costs provision in Domestic and Family Violence Protection Act applies to Court of Appeal
5. › Whether public interest justifies departure from usual costs rule
6. › Domestic and Family Violence Protection Act 2012 (Qld), s 157
7. › Civil Proceedings Act 2011 (Qld), s 15
8. › Uniform Civil Procedure Rules 1999 (Qld), rr 681, 766
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether indemnity costs appropriate where self-represented appellant commenced appeal in court lacking jurisdiction
5. › Uniform Civil Procedure Rules 1999 (Qld), r 681
1. Domestic Violence
2. › Protection orders
3. › Appeals
4. › Costs on appeal to Court of Appeal
5. › Whether s 157 costs restriction applies to appellate court
6. › Domestic and Family Violence Protection Act 2012 (Qld), ss 6, 136, 142, 157

Quick Take

Section 157 of the Domestic and Family Violence Protection Act 2012 (Qld), which requires each party to bear their own costs, does not apply to appeals to the Court of Appeal from District Court decisions under that Act. The usual costs follow the event rule under r 681 of the UCPR applies to such appeals. Public interest in domestic violence matters does not, without more, constitute a special circumstance justifying departure from the usual costs order.