DUCKETT & ROBINSON (No.2)

In the matter of *Duckett & Robinson (No.2)*, Judge Scarlett of the Family Court of Australia considered applications for costs made by the father (the Applicant) and the Independent Children’s Lawyer. The dispute arose from substantive family law proceedings concerning a child, where the respondent mother was entirely unsuccessful. The mother had also left Australia with the child, and her whereabouts were unknown, leading to applications for leave to file out of time and for dispensation with service.

The court was required to determine whether to grant the father and the Independent Children’s Lawyer leave to file their respective cost applications out of time, and whether to dispense with service of these applications on the respondent mother. Furthermore, the court had to assess the appropriate basis for awarding costs, specifically considering whether the father’s costs should be assessed on an indemnity basis, and to determine the quantum of costs payable by the respondent mother to the father and the Independent Children’s Lawyer, as well as the apportionment of the child’s legal representation costs between the parents.

Judge Scarlett granted the father and the Independent Children’s Lawyer leave to file their cost applications out of time, and dispensed with service on the respondent mother due to her unknown whereabouts. The court ordered the respondent mother to pay the father's costs of the substantive proceedings in the sum of $53,088.00 and the costs of the father's application in the sum of $3,242.00. The court also ordered the respondent mother to pay the Independent Children’s Lawyer's costs of their application in the sum of $1,265.00. The costs of the child's independent legal representation were to be paid by both parents, with specific amounts and payment deadlines stipulated for each. The court certified that the employment of counsel was appropriate in each case.