Berney and Berney

In the Family Court of Australia, Ms Berney (the mother) applied for an order that Mr Berney (the father) contribute to the costs of an independent children's lawyer's report. The mother had already paid $6,600 for the preparation of the report by Dr R and sought reimbursement for half of this sum. Additionally, she sought an order for the father to contribute to Dr R's future fees for attendance at cross-examination, the amount of which was then unknown. The application was to be determined under section 117(2A) of the *Family Law Act 1975* (Cth).

The court was required to consider the financial circumstances of both parties and the conduct of the proceedings. The mother, who was privately represented, had incurred legal fees exceeding $50,000 and had also paid for the expert report and a contribution to Legal Aid. The father, who was in receipt of a Centrelink pension and rental income, had a significant loan from his parents and a mortgage on his property, though he was unable to provide details of his mortgage payments. It was also noted that the father was in receipt of legal aid.

Justice Rees reasoned that neither party had been wholly unsuccessful and that the conduct of the proceedings did not warrant any specific cost orders. Given the mother's substantial expenditure on private representation and expert reports, and the father's financial position, it was considered appropriate for the father to bear a portion of the expert's costs. The court ordered that the father pay the mother $3,300 within three months, representing half of the report preparation fee. Furthermore, the father was ordered to pay one half of Dr R's fees for attendance at cross-examination, with the mother to pay the balance.