Theodore & Theodore (No. 3)

In the matter of PAC 5789 of 2014, Ms Theodore (the applicant) and Mr Theodore (the respondent) were parties to proceedings before Foster J. The Independent Children’s Lawyer (ICL), Ms Rutkowska, sought an order for costs against the father.

The central legal issue before the court was the application of the principles governing costs orders in family law proceedings, specifically in relation to the costs incurred by an Independent Children’s Lawyer. The court was required to determine whether it was appropriate to order the father to bear the entirety of the ICL's costs.

Foster J reasoned that it was proper for the father to be ordered to pay the whole of the Independent Children’s Lawyer’s costs. The court ordered that the father, Mr Theodore, pay the costs of the Independent Children’s Lawyer in the sum of $21,087 within three months.