LC and JS

In LC and JS, the matter before the Court involved an application for legal costs from the estate of a represented person under section 16(4) of the Guardianship and Administration Act 1990 (WA). The parties were LC, the appointed legal guardian and administrator of JS, the represented person, and JS's estate. The dispute centred on whether LC was entitled to recover the legal costs incurred in defending an application made by a third party to the Court.

The legal issues before the Court were whether the principle that parties bear their own costs could be overturned in this context and, if so, under what circumstances. The Court considered whether the necessity of legal assistance for the Tribunal to make a determination in the best interests of the represented person was sufficient to allow an award of costs. Additionally, the Court assessed whether the represented person's ability to pay, deterrence from making future applications, good intentions, or the balance of convenience were relevant considerations in making such an award.

The Court found that the principle that parties bear their own costs could be overturned when legal assistance is necessary for the Tribunal to make a determination in the best interests of the represented person. The Court emphasised that the represented person's ability to pay, deterrence from making future applications, good intentions, and the balance of convenience were not relevant considerations in determining whether to award costs. Ultimately, the Court dismissed the application, finding that the legal assistance provided was not necessary for the Tribunal to make a determination in the best interests of the represented person.