Galloway and Steele (No 2)

The Family Court of Australia, in the matter of *Galloway & Steele (No 2)*, considered applications for costs arising from parenting proceedings concerning the parties' child. The applicant was Mr Galloway, the respondent was Ms Steele, and Ms Reid acted as the Independent Children's Lawyer.

The court was required to determine several cost-related issues. These included an application by the Independent Children's Lawyer for an order that both parents share equally the costs incurred by Legal Aid in representing the child. Additionally, the court considered the father's application for an order that the mother pay his costs for her unsuccessful application for a stay, filed on 23 December 2010.

Justice Fowler noted that the costs of representing a child are a legitimate expense for which parents are ordinarily responsible. While acknowledging the father's success in the proceedings and the mother's difficult financial circumstances, the court ordered the father to pay $2,000 on account of the Independent Children's Lawyer's costs, finding that some contribution towards the child's welfare costs was appropriate. The father's application for costs against the mother was dismissed, as was an application for costs against the mother in relation to the stay application, due to her financial position. No order for costs was made against the mother.