ROLAND & ARGENTO

The applicant husband sought costs orders against the respondent wife following an application for substitution of an Independent Children's Lawyer, which had been determined by orders made on 15 August 2019. The matter came before Foster J in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the respondent wife should be ordered to pay the applicant husband's costs of and incidental to the application for substitution. This required the Court to consider the general principles governing costs in family law proceedings, particularly in circumstances where an application has been determined.

Foster J ordered that the respondent wife pay the applicant husband's costs of and incidental to the application for substitution, to be agreed within one month or otherwise assessed on a party/party basis. The Court further certified that it was reasonable to engage Senior Counsel for the application, pursuant to Rule 19.50 of the Family Law Rules 2004 (Cth).