Garratt and Aiken and Anor (No 3)

In *Garratt and Aiken and Anor (No 3)*, Foster J of the Federal Circuit Court of Australia considered an application for costs concerning the Independent Children’s Lawyer (ICL) in proceedings involving the paternal grandmother, Ms Garratt, and the father, Mr C Garratt. The specific nature of the underlying dispute is not detailed, but the proceedings clearly involved the welfare of children, necessitating the appointment of an ICL.

The central legal issue before the Court was the apportionment of the costs incurred by the ICL between the paternal grandmother and the father. The Court was required to determine the extent to which each party should contribute to these costs, having regard to their respective roles and conduct within the litigation.

Foster J ordered that Ms Garratt pay $1,804 to Legal Aid NSW as a contribution towards the ICL's costs within one month, subject to any waiver. Similarly, Mr C Garratt was ordered to pay the same amount to Legal Aid NSW within three months, also subject to any waiver. These orders reflect the Court's determination of the parties' financial responsibilities for the ICL's fees.