FAMILY COURT OF AUSTRALIA
| DUKE & RANDALL (NO 2) | [2014] FamCA 607 |
| FAMILY LAW – COSTS – Application by Independent Children’s Lawyer for costs – Where both parties seek that no costs order be made against them because of financial hardship – Where the Independent Children’s Lawyer had a substantial role in the proceedings - Where the parties’ respective financial positions do not satisfy “hardship” in terms of Section 117(4) of the Family Law Act 1975 (Cth) so as to warrant no order for costs being made against each of them – Parties to equally bear costs of the Independent Children’s Lawyer |
| Family Law Act 1975 (Cth) ss 117, 117(2), (2A), (3), (4) & (5) |
| De Roma & De Roma [2013] FamCA 566 Duke-Randall & Randall [2014] FamCA 126 |
| APPLICANT: | Ms Duke |
| RESPONDENT: | Mr Randall |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW Penrith |
| FILE NUMBER: | PAC | 2327 | of | 2011 |
| DATE DELIVERED: | 1 August 2014 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 18 June 2014 |
REPRESENTATION
| THE APPLICANT: | Self-represented Litigant |
| THE RESPONDENT: | Self-represented Litigant |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW Penrith |
Orders
That, subject to either or both parties obtaining a waiver of any contribution to the Independent Children’s Lawyers costs from New South Wales Legal Aid within one (1) month from the date of these Orders, within two (2) months from the date of these Orders:
(a)the mother pay to Legal Aid New South Wales the sum of $13,842.56;and
(b)the father pay to Legal Aid New South Wales the sum of $13,842.56.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Duke & Randall (No 2)has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: PAC 2327 of 2011
| Ms Duke |
Applicant
And
| Mr Randall |
Respondent
And
Independent Children’s Lawyer
REASONS FOR JUDGMENT
The present application is an application by the Independent Children’s Lawyer seeking orders that the parties, the mother and the father of the subject children, pay the Independent Children’s Lawyer’s costs.
Parenting proceedings before the Court were protracted and the Independent Children’s Lawyer has been engaged from November 2011 until Final Orders were made by consent on 18 June 2014.
The proceedings involved a splitting of the final hearing to facilitate a determination as to the issue of vaccination of the children (Duke-Randall & Randall [2014] FamCA 126)
The Independent Children’s Lawyer seeks an order for costs in the sum of $27,685.12 with $9,045.12 representing disbursements paid.
The law as to costs is well settled. Section 117 of the Family Law Act 1975 (Cth) (“the Act”) provides that, subject to certain qualifications, each party to proceedings shall bear his or her own costs. Section 117(2) provides that if the Court is of the opinion that there are circumstances justifying it in doing so, the Court may make such order as to costs as the Court…
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- AGLC
- Duke and Randall (No 2) [2014] FamCA 607
- Case
- [2014] FamCA 607
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was how to fairly distribute the outstanding costs of the Independent Children’s Lawyer between the mother and the father, subject to a condition regarding Legal Aid New South Wales.
Foster J ordered that, provided either or both parties successfully obtain a waiver of contribution towards the Independent Children’s Lawyer’s costs from Legal Aid New South Wales within one month, then within two months, both the mother and the father are to pay the sum of $13,842.56 to Legal Aid New South Wales.
Orders
Orders of the court
1.
That, subject to either or both parties obtaining a waiver of any contribution to the Independent Children’s Lawyers costs from New South Wales Legal Aid within one (1) month from the date of these Orders, within two (2) months from the date of these Orders:
(a) the mother pay to Legal Aid New South Wales the sum of $13,842.56;and
(b) the father pay to Legal Aid New South Wales the sum of $13,842.56.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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