Russo & Lynn

In *Russo & Lynn*, heard by Foster J, the Independent Children’s Lawyer (ICL) sought an order for costs after the proceedings were struck out. The dispute concerned the allocation of responsibility for the ICL's fees.

The central legal issue before the court was whether an order for costs should be made in favour of the ICL, and if so, how those costs should be allocated between the parties, particularly in circumstances where the proceedings had been terminated. The court was required to consider the relevant principles governing cost orders in family law proceedings, especially concerning the ICL's entitlement to recover their expenses.

Foster J applied the principles relating to cost orders in family law matters, acknowledging the ICL's role and the potential for them to incur costs. The court determined that an order for costs was appropriate in this instance. The court then made specific orders regarding the payment of the ICL's fees, providing the parties with an opportunity to seek a waiver from Legal Aid NSW. Failing a waiver, both the applicant mother and respondent father were ordered to pay a specified amount on account of the ICL's fees to Legal Aid NSW within a set timeframe.