Reeves and Grinter

[2016] FamCA 63

FAMILY COURT OF AUSTRALIA

REEVES & GRINTER [2016] FamCA 63

FAMILY LAW – COSTS – Application for costs order by Independent Children’s Lawyer – Discussion of general principles – Where mother in receipt of legal aid – Where father in poor financial circumstances – Where father paid for entirety of Single Expert Report to progress the matter – Where small balance owed to Single Expert for witness fees – Where order made for father to pay only balance of witness fees.

Family Law Act 1975 (Cth) s 117

De Roma & De Roma [2013] FamCA 566
Gahen & Gahen (No 2) [2013] FamCA 936
Reeves & Grinter [2015] FamCA 1037

APPLICANT: Mr Reeves

RESPONDENT: Ms Grinter

INDEPENDENT CHILDREN’S LAWYER: Osborne Legal

FILE NUMBER: SYC 6726 of 2013

DATE DELIVERED: 11 February 2016

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 17, 18, 19 and 20 August 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Boyle

SOLICITOR FOR THE APPLICANT: KD Holmes Solicitors

COUNSEL FOR THE RESPONDENT: Mr Morley

SOLICITOR FOR THE RESPONDENT: Legal Aid NSW Dubbo Family Law

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Siggins

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Osborne Legal

Orders

1. That the father within 3 months from this date pay to the Independent Childrens Lawyer the sum of $1,555 for payment out to the Single Expert Dr E.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Reeves & Grinter has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: SYC 6726  of 2013

Mr Reeves

Applicant

And

Ms Grinter

Respondent

REASONS FOR JUDGMENT

1. The application for determination is the Independent Children Lawyer’s ( ICL) application for costs arising from concluded parenting proceedings relating to the child B born in 2006.

2. The hearing occupied four days from 17 to 20 August 2015, with orders and Reasons for Judgment delivered on 25 November 2015 (Reeves & Grinter [2015] FamCA 1037).

3. The application by agreement between the parties is considered on the basis of written submissions received from the ICL, the mother and the father.

ICL Costs

1. The law as to costs is well settled. Section 117 of the Family Law Act 1975 (Cth) (“the Act”) provides that, subject to certain qualifications, each party to proceedings shall bear his or her own costs.

2. Section 117(2) provides that if the Court is of the opinion that there are circumstances justifying it in doing so, the Court may make such order as to costs as the Court considers just.

3. The relevant considerations in relation to an order for costs are set out in s 117(2A).

4. The matters relevant to determining what order, if any, should be made for costs are set out in subsection (2A) of that section. They are the following:

   a)The financial circumstances of each of the parties to the proceedings;

   b)Whether any party has legal aid and the terms…