Trent & Trent (No 2)

[2015] FamCA 1058

FAMILY COURT OF AUSTRALIA

TRENT & TRENT (NO 2) [2015] FamCA 1058

APPLICANT: Ms Trent

RESPONDENT: Mr Trent

INDEPENDENT CHILDREN’S LAWYER: Independent Children’s Lawyer

FILE NUMBER: SYC 5653 of 2013

DATE DELIVERED: 27 November 2015

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

HEARING DATE: 24 – 29 September 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Johnston

SOLICITOR FOR THE APPLICANT: Santone Lawyers

COUNSEL FOR THE RESPONDENT: Mr Geddes SC

SOLICITOR FOR THE RESPONDENT: Mills Oakley Lawyers

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Conte-Mills

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Phillip A Wilkins & Associates

Orders

IT IS ORDERED

1. That each of the husband and the wife, within one month of the date hereof, pay to the Legal Aid Commission of NSW the sum of $6,789.50 on account of the costs of the Independent Children’s Lawyer.

2. That each of the husband and the wife forthwith pay to Dr E the sum of $1,897.50 being the costs of his attendance for cross-examination.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 5653  of 2013

Ms Trent

Applicant

And

Mr Trent

Respondent

SUPPLEMENTARY REASONS FOR JUDGMENT

1. Judgement in this matter was delivered on 23 October 2015.

2. At the conclusion of the parenting proceedings, the Independent Children’s Lawyer (“ICL”) sought an order that the parents contribute equally to the costs of the ICL and to the costs charged by the single expert, Dr E, for his attendance for cross-examination. That application was not addressed in the substantive judgement.

3. The costs of the ICL were assessed as $13,579.50 and the costs of Dr E were $3,785.

4. Neither party queried the quantum of costs and neither resisted an order that they should equally pay those costs.

5. Accordingly, orders will be made as sought by the ICL.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Rees delivered on 27 November 2015.

Associate:

Date:  27/11/2015