FAMILY COURT OF AUSTRALIA
| YASEEN & YASEEN | [2019] FamCA 718 |
| FAMILY LAW – COSTS – Application for costs order by Independent Children’s Lawyer – Discussion of general principles – Where ultimately matter settled by consent – Where the Independent Children’s Lawyer’s significant engagement in the proceedings – Where it is ordered that each party pay by way of contribution to the Independent Children’s Lawyer’s costs the sum of $5,013.74 |
| Family Law Act 1975 (Cth) s 117 Family Law Rules 2004 (Cth) r 19.18 |
| 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 Parke & the Estate of the Late A Parke (2016) FLC 93-748 |
| APPLICANT: | Ms Yaseen |
| RESPONDENT: | Mr Yaseen |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Shedden |
| FILE NUMBER: | PAC | 4679 | of | 2015 |
| DATE DELIVERED: | 4 October 2019 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | By way of written submission last received on 22 August 2019 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Barber & Massey |
| SOLICITOR FOR THE RESPONDENT: | Solon Lawyers Solicitors & Attorneys |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Shedden & Associates |
Orders
That within two months from this date the father pay to Legal Aid NSW by way of contribution to the Independent Children’s Lawyer’s costs the sum of $5,013.74.
That within two months from this date the mother pay to Legal Aid NSW by way of contribution to the Independent Children’s Lawyer’s costs the sum of $5,013.74.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Yaseen & Yaseen has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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 r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: PAC 4679 of 2015
| Ms Yaseen |
Applicant
And
| Mr Yaseen |
Respondent
REASONS FOR JUDGMENT
The application for determination is the application by the Independent Children’s Lawyer (“ICL”) for an order for costs of and incidental to the ICL’s engagement in these proceedings.
The proceedings as to parenting and property were resolved by the parties by agreement and orders were made by consent on 8 August 2019 as follows:
(1)That all previous parenting orders with respect to the children X born in 2004, Y born in 2006, and Z born in 2010 are discharged.
(2)That the parties have equal shared parental responsibility for the children X born in 2004 and Y born in 2006 and Z born in 2010.
(3)That the children X and Y shall live with the mother.
(4)That the child Z shall live with the father.
(5)That the children…
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- AGLC
- Yaseen and Yaseen [2019] FamCA 718
- Case
- [2019] FamCA 718
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was how the costs incurred by the Independent Children’s Lawyer should be apportioned between the father and the mother. The court was required to determine the appropriate contribution each parent should make towards these expenses.
Foster J ordered that both the father and the mother were to pay the sum of $5,013.74 to Legal Aid NSW as a contribution towards the Independent Children’s Lawyer’s costs. These payments were to be made within two months from the date of the order.
Orders
Orders of the court
1.
That within two months from this date the father pay to Legal Aid NSW by way of contribution to the Independent Children’s Lawyer’s costs the sum of $5,013.74.
2.
That within two months from this date the mother pay to Legal Aid NSW by way of contribution to the Independent Children’s Lawyer’s costs the sum of $5,013.74.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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