Vadisanis and Vadisanis (Costs)

[2010] FamCA 179

FAMILY COURT OF AUSTRALIA

VADISANIS & VADISANIS (COSTS) [2010] FamCA 179

FAMILY LAW – COSTS – Application for costs granted to Independent Children's Lawyer

Family Law Act 1975 (Cth)

APPLICANT: Mr Vadisanis

RESPONDENT: Ms Vadisanis

INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW

FILE NUMBER: SYC 6377 of 2008

DATE DELIVERED: 24 February 2010

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Le Poer Trench J

HEARING DATE: By Submissions

REPRESENTATION

COUNSEL FOR THE APPLICANT: n/a

SOLICITOR FOR THE APPLICANT: n/a

COUNSEL FOR THE RESPONDENT: n/a

SOLICITOR FOR THE RESPONDENT: n/a

SOLICITOR FOR THE INDEPENDENT CHILDREN'S LAWYER  n/a

Orders

1. Within 28 days from the date hereof, or such further period as the director of the Legal Services Commission of New South Wales may agree to in writing, the mother is to pay to the Legal Services Commission of New South Wales the sum of $4,697.20.  The father is to pay to the Legal Services Commission of New South Wales the sum of $8,217.20.

IT IS NOTED that publication of this judgment under the pseudonym Vadisanis & Vadisanis (Costs) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 6377 of 2008

MR VADISANIS

Applicant

And

MS VADISANIS

Respondent

And

LEGAL AID NSW

Independent Children’s Lawyer

REASONS FOR JUDGMENT

1. Before the court is an application by the Independent Children’s Lawyer for costs associated with the children’s proceedings which concluded by orders made by me on 23 December 2009.  On 19 January 2010, I made an order that the independent children’s lawyer provide to the court a minute of the order in relation to costs, together with written submissions supporting that order being made.  I ordered that such documents be filed with the court within seven days and served on each of the mother and father.

2. I further ordered that the mother and father were to provide any submissions in response to the application for costs within 21 days of receipt of the submissions from the Independent Children’s Lawyer.  On 1 February 2010, the submissions in relation to costs were provided to the court by the solicitor for the independent children’s lawyer.  On the same day a copy of the email was forwarded to each of the solicitors for the parties. 

3. The fees claimed by the Independent Children’s Lawyer against the mother are $8,217.20.  As against that amount, the mother has paid $3,520.  The balance sought to be paid by the mother is $4,697.20.  The amount payable by the father is $8,217.20.  There has been no payment made by the father in relation to the costs incurred by the Independent Children’s Lawyer.  The submissions in support of the order being sought by the Independent Children's Lawyer, in my view, support an order being made.  The amount of the order sought appears to me, in all circumstances, to be reasonable.  And, accordingly, I propose to grant the application of the Independent Children's Lawyer.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Le Poer Trench

Associate: 

Date:  24 February 2010