Marlow and Marlow

In the matter of *Marlow and Marlow*, Foster J of the Family Court of Australia considered an application concerning the costs of a single expert report. The dispute involved the parents of a child, and the court was tasked with determining how the expenses associated with obtaining a single expert report would be managed.

The primary legal issue before the court was the apportionment of the costs for a single expert report. Specifically, the court needed to decide whether the parents should be ordered to contribute to these costs at this stage of the proceedings and, if so, in what proportion. The court also had to consider the implications of one parent initially funding the entire cost of the report.

Foster J ordered that both the father and mother were to each pay $7,500 to the Independent Children’s Lawyer (ICL) within 21 days, as a contribution towards the cost of the single expert report. Upon compliance with this order, the ICL was authorised to instruct a suitably qualified family psychiatrist to prepare the report for the court, in accordance with Chapter 15 of the *Family Law Rules 2004* (Cth). The court further stipulated that if either parent failed to comply with the payment order, the ICL could apply to the court for enforcement. Importantly, the court noted that if the father initially funded the entire cost of the report, the ultimate liability for these costs would be reserved for determination at the final trial or by agreement between the parties.