Bartram and Ogden

FEDERAL CIRCUIT COURT OF AUSTRALIA

BARTRAM & OGDEN [2018] FCCA 3195

Catchwords:
FAMILY LAW – COSTS – Application for the legal representative of one party personally to pay the costs of the other party and the Independent Children’s Lawyer – application successful.

Legislation:

Family Law Act 1975, ss.13C, 117

Federal Circuit Court Rules 2001, r.21.07

Cases cited:

Limousin and Limousin (Costs) [2007] FamCA 1178

Cassidy and Murray [1995] FamCA91; [1995] FLC 92-633
Martin & Harris& Ors [2010] FamCA 239

Applicant: MR BARTRAM

Respondent: MS OGDEN

File Number: BRC 4636 of 2015

Judgment of: Judge Lapthorn

Hearing date: 23 April 2018

Date of Last Submission: 30 April 2018

Delivered at: Brisbane

Delivered on: 6 November 2018

REPRESENTATION

Counsel for the Applicant: Ms Barnes

Solicitors for the Applicant: A K Abbott & Co

Solicitors for the Respondent: Ace Solicitors

Counsel for the Independent Children's Lawyer: Ms Lyons

Solicitors for the Independent Children's Lawyer: Legal Aid Queensland

ORDERS

1. That within 60 days of today’s date the principal of the firm A Ace Solicitors personally pay to the solicitors of the father, A K Abbott & Co Solicitors the sum of $10,658 by way of costs;

2. That within 60 days of today’s date the principal of the firm A Ace Solicitors personally pay to Legal Aid Queensland the sum of $6,000 by way of costs.

IT IS NOTED that publication of this judgment under the pseudonym Bartram & Ogden is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRC 4636 of 2015

MR BARTRAM

Applicant

And

MS OGDEN

Respondent

REASONS FOR JUDGMENT

Introduction

1. On 23 April 2018, the court made final orders by consent in the contested parenting dispute between the parties.  The Orders were made on the first day of trial in what had been anticipated to be a two day final hearing. 

2. Following the making of the orders Ms Barnes of Counsel, who represented the father, and Ms Lyons of Counsel, who represented the Independent Children’s Lawyer (ICL), each sought leave to make an oral application for costs against the principal of A Ace Solicitors (“the firm”), the solicitors representing the respondent mother.  In support of their respective applications, a number of documents were tendered into evidence[1] and I heard submissions from both Counsel.  I granted the leave sought.

   [1] Exhibit F1: Letter dated 18 April 2018 from A K Abbott & Co to Ace Solicitors;

3. In response Ms Ardelean, a solicitor in the employ of the firm sought an adjournment of the costs application in order for her principal to respond.  The adjournment application was granted and the following directions made:

   a)That the solicitor for the Applicant and the Independent Children’s Lawyer file and serve written submissions within seven (7) days.

   b)That the principal of A Ace Solicitors file and serve written submissions in response by no later than 4:00pm on 11 May 2018.

   c)That this matter be adjourned to the Chambers of Judge Lapthorn at 4:30pm on…