Document ID: chunk:federal_register_of_legislation:C2004A01223:clause:7_29a
Version: federal_register_of_legislation:C2004A01223
Segment Type: clause
Provision Reference: sch 7 cl 29A
Character Range: 70114–71368

29A  At the end of section 117
Add:

 (3) To avoid doubt, in proceedings in which a child representative has been appointed, the court may make an order under subsection (2) as to costs or security for costs, 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 child representative in respect of the proceedings.

 (4) However, in proceedings in which a child representative has been appointed, if:
 (a) a party to the proceedings has received 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 child representative;
the court must not make an order under subsection (2) against that party in relation to the costs of the child representative.

 (5) In considering what order (if any) should be made under subsection (2) in proceedings in which a child representative has been appointed, the court must disregard the fact that the child representative is funded under a legal aid scheme or service established under a Commonwealth, State or Territory law or approved by the Attorney‑General.