Davidson & Palmer
[2022] FedCFamC1F 888
Federal Circuit and Family Court of Australia
(DIVISION 1)
Davidson & Palmer [2022] FedCFamC1F 888
File number: SYC 6097 of 2020 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 submission/s: 30 September 2022 In Chambers: 15 November 2022 Place: Sydney Solicitor for the Applicant: Mills Oakley Solicitor for the Respondent: Keypoint Law Independent Children's Lawyer: Medcalf Grant Lawyers ORDERS
SYC 6097 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS DAVIDSON
Applicant
AND: MR PALMER
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
REES J
DATE OF ORDER:
15 November 2022
THE COURT ORDERS:
1.That within 60 days of the date of this order each of the applicant and the respondent pay to Legal Aid NSW the sum of $1,545, such payment to be made to the account nominated as:
BSB: …05
Account: …70
Reference: …19 [Y]
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 Davidson & Palmer has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
REES J:
Final parenting and property orders were made by consent in this matter on 7 July 2022. An application was made by the Independent Children’s Lawyer (“ICL”) for the parents to pay his costs.
On 26 August 2022 orders were made in the following terms:
That each party and the Independent Children’s Lawyer (“ICL”) file and serve submissions in relation to the ICL’s costs by 4.00pm on 30 September 2022, noting that the matter will be dealt with in chambers.
Written submissions have been filed on behalf of the ICL and of the mother. Her position is that she does not object to paying half of the costs of the ICL provided that the father also pays half.
No submissions have been received from the father and I infer that he does not oppose the orders sought by the ICL.
Accordingly I will make orders 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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