Balcombe & Gaffey

In the matter of *Balcombe & Gaffey*, Hannam J of the Federal Court of Australia considered an application by the Independent Children’s Lawyer (ICL) for costs against the mother. The dispute arose from parenting proceedings concerning the parties' daughter, who was 16 at the time of the hearing. The proceedings had a lengthy history, involving significant disagreements regarding the child's living arrangements, her relationship with her father and half-sister, and her diagnosis and treatment for various conditions, including Autism Spectrum Disorder.

The central legal issue before the court was whether there were circumstances justifying an order that the mother contribute to the ICL's costs. The ICL sought an order for costs to be paid in equal proportion by the parties. A prior consent order had already established that the father would pay half of the ICL's costs.

Hannam J reasoned that an order for costs against the mother was justified, particularly as it would not cause her financial hardship. The court noted that the mother had previously consented to an order for the father to pay half of the ICL's costs, and the current application sought a similar contribution from her. The court ultimately ordered that the mother pay the sum of $2887.90 to the Legal Aid Commission of NSW on account of the ICL's costs, unless otherwise waived by the Commission.