JULIET & JONES

In the Family Court of Australia, Benjamin J considered applications for costs orders in parenting proceedings between Mr Juliet and Ms Jones. The Independent Children’s Lawyer (ICL), Ms Jones, sought indemnity costs against the father, Mr Juliet, for the parenting proceedings and for the costs of the costs application itself. The mother, Ms Jones, also sought a partial costs order against the father for the parenting proceedings. The father, Mr Juliet, sought a partial indemnity order in respect of any costs he might be ordered to pay the ICL.

The court was required to determine the appropriate costs orders to be made in relation to the parenting proceedings and the subsequent applications for costs. This involved considering the conduct of the parties and the reasonableness of the costs incurred, particularly in relation to the ICL's fees and the mother's legal representation. The court also had to address an application to amend a previous order under the slip rule and any remaining outstanding costs applications.

Benjamin J ordered Mr Juliet to pay the full costs and disbursements of the Independent Children’s Lawyer in respect of the parenting proceedings, including the fees of a single expert witness, and also ordered Mr Juliet to pay the ICL's costs of the costs application. These costs were to be assessed or taxed at the lesser of the rate agreed between the ICL and Legal Aid Commission of Tasmania or the Family Law Scale. Furthermore, Mr Juliet was ordered to pay one-half of the mother's counsel's fees for the hearing between 23 and 27 April 2010, to be determined in accordance with Schedule 3 of the Family Law Rules 2004. The application to amend the previous order under the slip rule was dismissed, as were all other outstanding costs applications. The court certified that it was reasonable to engage counsel for the proceedings.