Richam and Keegan (No 2)

Case

[2020] FamCA 771

15 September 2020


Details
AGLC Case Decision Date
Richam and Keegan (No 2) [2020] FamCA 771 [2020] FamCA 771 15 September 2020

CaseChat Overview and Summary

In *Richam and Keegan (No 2)*, Stevenson J of the Family Court of Australia considered an application for costs concerning the Independent Children's Lawyer (ICL) in proceedings between the father, Mr Keegan, and the mother, Ms Richam. The central dispute revolved around the apportionment of the ICL's costs between the parties, particularly in light of a significant disparity in their incomes.

The primary legal issue before the court was how to fairly allocate the costs of the ICL between the parents, given their differing financial capacities. The court was required to determine the appropriate proportion of the ICL's fees that each party should bear, taking into account their respective incomes.

Stevenson J applied the principle that costs orders in family law matters should reflect the parties' capacity to pay. In this instance, the court found that there was a significant disparity in income between Mr Keegan and Ms Richam. Consequently, the court ordered that Mr Keegan should bear two-thirds of the costs of the ICL, while Ms Richam was ordered to pay the remaining one-third.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

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