Niem & Tong (No. 2)

In the matter of *Niem & Tong (No. 2)*, Foster J of the Family Court of Australia considered an application for costs made by the Independent Children’s Lawyer. The proceedings involved the applicant, Ms Niem, and the respondent, Mr Tong, concerning matters related to their children.

The central legal issue before the court was the determination of the applicable principles for awarding costs to the Independent Children’s Lawyer and the apportionment of those costs between the parties.

Foster J applied established principles regarding costs in family law proceedings, particularly concerning the role and remuneration of an Independent Children’s Lawyer. The court reasoned that both parents bore responsibility for the costs incurred by the Independent Children’s Lawyer. Consequently, the father was ordered to pay his share of the Independent Children’s Lawyer’s costs in the sum of $10,208. The mother was ordered to pay her share of $8,558, taking into account a previous contribution of $1,650. Further orders were made to facilitate the payment of the mother's outstanding liability, including the release of funds held by Legal Aid NSW and a timeframe for payment, either within three months or upon the conclusion of property proceedings.