SCOTT & SCOTT

In *Scott & Scott*, the Honourable Justice Austin considered an application for costs made by the Independent Children’s Lawyer (ICL) against each of the parties to the proceedings.

The central legal issue before the court was whether the circumstances of the case warranted a departure from the general rule that each party, including the ICL, should bear their own costs.

Justice Austin reasoned that the facts presented did not justify an order for costs against either party. The court applied the orthodox rule concerning costs in family law matters, which generally dictates that parties are responsible for their own legal expenses, including those incurred by the ICL. Consequently, the ICL’s application for costs was dismissed.