Theodore & Theodore (No. 3)

[2021] FamCA 452

FAMILY COURT OF AUSTRALIA

Theodore & Theodore (No. 3) [2021] FamCA 452  

File number(s):

PAC 5789 of 2014

Judgment of:

FOSTER J

Date of judgment:

2 July 2021

Catchwords:

FAMILY LAW – COSTS – where application for costs made by the Independent Children’s Lawyer – where consideration of applicable principles – where proper for an order that the father pay the whole of the Independent Children’s Lawyer’s costs.

Legislation:

Family Law Act 1975 (Cth) ss 117, 117(2), 117(2A), 117(3), 117(4), 117(5)

Family Law Rules 2004 (Cth) r 19.18(1)

Cases cited:

Beach Petroleum NL v Johnson (No. 2) (1995) 135 ALR 160

De Roma & De Roma [2013] FamCA 566

Gahen & Gahen (No. 2) [2013] FamCA 936

Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23

Parke & the Estate of the Late A Parke (2016) FLC 93-748

Theodore & Theodore [2021] FamCA 321

Number of paragraphs:

32

Date of last submission/s:

4 June 2021

Date of hearing:

22, 23, 24 and 25 June 2020 and 27, 28 and 29 January 2021

Place:

Parramatta

Counsel for the Applicant:

Mr Schroder

Solicitor for the Applicant:

Chapman & Smyth Family Law Pty Ltd

Counsel for the Respondent:

Mr Batey

Solicitor for the Respondent:

Madison Marcus Law Firm

Counsel for the Independent Children's Lawyer:

Mr Braine

Solicitor for the Independent Children's Lawyer:

Ms Rutkowska of Ark Law Lawyers

ORDERS

PAC 5789 of 2014

BETWEEN:

MS THEODORE
Applicant

AND:

MR THEODORE
Respondent

MS RUTKOWSKA

Independent Children’s Lawyer

ORDER MADE BY:	FOSTER J
DATE OF ORDER:	2 JULY 2021

THE COURT ORDERS THAT:

1.That the father Mr Theodore pay the costs of the Independent Children’s Lawyer in the sum of $21,087 within three months.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Theodore & Theodore has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

FOSTER J:

1. On 21 May 2021 reasons for judgment were delivered and final orders made in final parenting proceedings.  The final trial was conducted on 22, 23, 24 and 25 June 2020 and 27, 28 and 29 January 2021.

2. Ultimately, a final order was relevantly made that provided for the father to have time with the subject children, until each of them reach the age of 14 years, on the first Saturday of each calendar month, supervised by a commercial supervisor.

3. These reasons for judgment in relation to an application for costs by the Independent Children’s Lawyer in the sum of $21,087 assumes familiarity with that final judgment: Theodore & Theodore [2021] FamCA 321.

4. Directions were made for each…