Blatch & Blatch (No 6)

Case

[2022] FedCFamC1F 887


Federal Circuit and Family Court of Australia

(DIVISION 1)

Blatch & Blatch (No 6) [2022] FedCFamC1F 887   

File number: SYC 1613 of 2021
Judgment of: REES J
Date of judgment: 15 November 2022
Catchwords: FAMILY LAW – COSTS – Parties to pay costs of Independent Children’s Lawyer equally
Division: Division 1 First Instance
Number of paragraphs: 5
Date of last submissions: 7 September 2022
In Chambers: 15 November 2022
Place: Sydney
Solicitor for the Applicant: Justice Family Lawyers Sydney
Solicitor for the Respondent: Lander & Rogers
Independent Children's Lawyer: Brian Samuel & Associates

ORDERS

SYC 1613 of 221

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR BLATCH

Applicant

AND:

MS BLATCH

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:

REES J

DATE OF ORDER:

15 November 2022

THE COURT ORDERS:

1.That each of the husband and the wife pay to Legal Aid NSW, within three months of the date of this order, the sum of $7,972.25 on account of the costs of the Independent Children’s Lawyer.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym Blatch & Blatch has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

REES J:

  1. At the conclusion of the hearing of this matter, an application was made by the Independent Children’s Lawyer (“ICL”) for an order that each of the parties pay half of the costs of the ICL.

  2. The total costs of the ICL are $15,944.50 and thus he asks that each party contribute $7,972.25.

  3. On 24 August 2022, I ordered that the applicant husband and the respondent wife each file and serve any written submissions in relation to the application of the ICL for costs by 4pm on 7 September 2022, noting that the matter would be dealt with in chambers.

  4. Neither the husband nor the wife has filed any submissions.

  5. I therefore conclude that neither opposes the application and orders will be made as sought by the ICL.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rees.

Associate:

Dated:       15 November 2022

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