Vincent & Fellows

In the matter of *Vincent & Fellows*, heard by Hannam J, the Independent Children's Lawyer (ICL) sought an order for costs against both the father and the mother. The dispute concerned the costs associated with the ICL's involvement in proceedings that had previously involved serious allegations of child abuse. The ICL proposed that the parties share these costs equally.

The court was required to determine whether there were circumstances justifying an order for costs against either party, and if so, in what proportion. Specifically, the court considered the financial hardship an order for costs might impose on the father and the limited information available regarding the mother's financial circumstances.

Hannam J reasoned that while the proceedings were not particularly complex, the mother's consistent non-compliance with trial directions over a significant period, leading to the likelihood of an undefended hearing against her, justified an order for her to contribute to the ICL's costs. However, the judge found the sum sought by the ICL to be excessive in these circumstances. Considering the father's financial situation, the court determined it was not appropriate to order him to pay any portion of the ICL's costs.

Consequently, the court ordered that the mother pay $2,000 to Legal Aid NSW within three months as her contribution towards the ICL's professional costs. The ICL's application for costs against the father was dismissed.