ELDRIDGE & ELDRIDGE (No.3)

[2020] FCCA 2689

FEDERAL CIRCUIT COURT OF AUSTRALIA

ELDRIDGE & ELDRIDGE (No.3) [2020] FCCA 2689

Catchwords:
FAMILY LAW – Costs – application dismissed – father to pay his share of the Independent Children’s Lawyer’s costs.

Legislation:

Family Law Act1975, s.117

Cases cited:

Eldridge & Eldridge [2017] FCCA 822
Eldridge & Eldridge (No.2) [2019] FCCA 2280

Applicant: MR ELDRIDGE

Respondent: MS ELDRIDGE

File Number: TVC 229 of 2017

Judgment of: Judge Boyle

Hearing date: 10 February 2020

Date of Last Submission: 10 February 2020

Delivered at: Sydney

Delivered on: 28 September 2020

REPRESENTATION

Solicitors for the Applicant: In person

Counsel for the Respondent: Mr Anderson

Solicitors for the Respondent: Direct brief

Counsel for the Independent Children's Lawyer:	Ms Rebehy
Solicitors for the Independent Children's Lawyer:	Shedden & Associates

ORDERS

1. The mother’s application for costs is dismissed.

2. The mother’s application for her costs of the costs application is dismissed.

3. The father’s application for his costs of the costs application is dismissed.

4. The father shall pay one half of the Independent Children’s Lawyer’s costs, being the sum of $7,599, as directed by the Legal Aid Commission of New South Wales within 8 months.

5. The Independent Children’s Lawyer’s application for their costs against the mother is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Eldridge & Eldridge (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

TVC 229 of 2017

MR ELDRIDGE

Applicant

And

MS ELDRIDGE

Respondent

REASONS FOR JUDGMENT

Introduction

1. This matter concerns a costs application filed by the mother following the conclusion of a contested parenting hearing conducted over 4 days, concluding on 21 March 2019. Final reasons for judgment were delivered on 19 August 2019.[1]

   [1] Eldridge & Eldridge (No.2) [2019] FCCA 2280

2. The mother filed an application in a case on 5 September 2019 seeking orders:

   a)That the father pay the costs of her barristers fees at the final hearing in the sum of $37,840;

   b)That the father pay the costs the costs application; and

   c)That the father pay the entirety of the Independent Children’s Lawyer’s Costs.

3. The father filed his response on 25 September 2019 seeking that:

   a)The mother’s application for costs be dismissed;

   b)The mother pay his costs of the costs application.

4. The matter was listed for mention on 18 November 2019 where the parties were ordered to file and serve updating affidavits and financial statements and file written submissions in relation to costs.

5. The matter came before me on 10 February 2020 in relation to a hearing of the costs application.

6. The ICL made submissions in relation to their costs at the conclusion of the final hearing seeking the sum of $7,599 from each party.

Background

1. By application filed 3 March 2017 the father commenced parenting proceedings in relation to the 2 children of the relationship, X and Y.

2. The father’s application at the final hearing was in essence that the mother return the children to the Town G area, and that the…