Section 114UC — Family Law Act 1975 (Cth)

(1) In proceedings in which an independent children’s lawyer for a child has been appointed, the court may make a costs order, whether by way of interlocutory order or otherwise, to the effect that each party to the proceedings bears, in such proportion as the court considers just, the costs of the independent children’s lawyer in relation to the proceedings.

(2) However, if:

(a) a party to the proceedings is receiving assistance by way of legal aid in respect of the proceedings; or

(b) the court considers that a party to the proceedings would suffer financial hardship if the party had to bear a proportion of the costs of the independent children’s lawyer;

the court must not make a costs order against that party in relation to the costs of the independent children’s lawyer.

(3) For the purposes of paragraph (2)(a), assistance by way of legal aid does not include assistance provided to a party in accordance with a Commonwealth scheme operating for the purpose of applying the requirements of subsection 102NA(2).

Funding of independent children’s lawyer not to affect costs order

(4) In considering what costs order (if any) should be made under subsection (1) in proceedings in which an independent children’s lawyer has been appointed, the court must disregard the fact that the independent children’s lawyer is funded under a legal aid scheme or service:

(a) established under a law of the Commonwealth or of a State or Territory; or

(b) approved by the Attorney‑General.

Limit on costs orders relating to intervention under section 91B

(5) If:

(a) under section 91B, an officer intervenes in proceedings; and

(b) the officer acts in good faith in relation to the proceedings;

the court must not, because of the intervention, make a costs order against the officer, or against an entity (including the Commonwealth or a State or Territory) by or on behalf of whom the officer was engaged or employed.

Limit on costs orders against litigation guardian or manager of affairs of party

(6) If a person has been appointed as a litigation guardian for a party, or a manager of the affairs of a party, to proceedings, the court must not make a costs order against the person unless the court is satisfied that one or more acts or omissions of the person relating to the proceedings are unreasonable or have delayed the proceedings unreasonably.

Related sections

• s 114T — Consent of Director of Prosecutions required to commence proceedings
• s 114UA — Definitions
• s 114UB — Costs orders—general
• s 114UD — Costs in proceedings relating to overseas enforcement and international Conventions
• s 114UE — Security for costs
• s 115 — Family Law Council

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