Rixon and Brenner

In the matter of *Rixon and Brenner*, heard before Fowler J, the dispute concerned the costs of proceedings. The first applicant was the father, and the second applicant was the Independent Children’s Lawyer. The respondent was the mother.

The court was required to determine the appropriate orders for costs, specifically whether costs should be awarded on an indemnity basis and the quantum of those costs, including the costs of the Independent Children’s Lawyer and the costs of the application for costs itself.

Fowler J ordered that the respondent mother pay the first applicant father’s costs of and incidental to the proceedings on an indemnity basis, fixed at $268,046.12. The court further certified that the matter reasonably required the attendance of both Counsel and Senior Counsel. Additionally, the mother was ordered to meet the whole of the costs of the Independent Children’s Lawyer, assessed at $12,680, and to pay the father’s costs of the application for costs in the sum of $3,300.