Independent Children’s Lawyer and Johal

This matter concerned an application for costs in proceedings before McClelland J of the Supreme Court of New South Wales. The parties involved were the father and the Independent Children’s Lawyer (ICL). The dispute revolved around the father's liability for the ICL's costs incurred during the proceedings.

The central legal issue before the Court was the extent to which the father should be ordered to contribute to the costs of the Independent Children’s Lawyer. This required the Court to consider the principles governing costs orders in family law matters, particularly where an ICL has been appointed to represent the interests of a child.

McClelland J reasoned that it was appropriate to order the father to pay one half of the ICL's costs. This decision reflects the Court's discretion in allocating costs, taking into account the specific circumstances of the case and the role of the ICL in ensuring the child's interests were properly represented. The Court fixed the total sum payable by the father at $4,175, to be paid to the Legal Aid Commission of New South Wales within six months.