Atkinson & Atkinson (No 2)

In *Atkinson & Atkinson (No 2)*, Foster J of the Family Court of Australia considered an application for costs made by the Independent Children’s Lawyer (ICL). The proceedings concerned parenting matters between the parents, Mr and Mrs Atkinson, which were ultimately determined on an undefended basis. Despite the undefended nature of the final determination, the court acknowledged that significant issues had been before it for consideration.

The central legal issue before the court was the application of the principles governing costs in family law proceedings, specifically in relation to the ICL's entitlement to recover their costs. The court was required to determine whether the circumstances warranted an order for one party to contribute to the ICL's costs, and if so, on what basis and to what extent.

Foster J applied the principles relevant to costs in family law, noting that while costs are not generally awarded as of right, they may be ordered in accordance with the court's discretion. In this instance, the court found that the significant issues that had been before it, coupled with the fact that the final orders made were consistent with the positions advocated by the ICL and the mother, justified an order for the father to contribute to the ICL's costs.

Consequently, the court ordered that the father, Mr Atkinson, pay to Legal Aid NSW, by way of contribution to the Independent Children’s Lawyer’s costs, the sum of $3,551.35 within one month from the date of the order, subject to any waiver granted by Legal Aid NSW.