Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_117:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 117 (pt 2/2)
Character Range: 1014168–1016053

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 respect of the proceedings.
 (4) However, in proceedings in which an independent children's lawyer for a child 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 independent children's lawyer;
the court must not make an order under subsection (2) against that party in relation to the costs of the independent children's lawyer.

Limit on orders relating to intervention under section 91B
 (4A) 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 an order under subsection (2) of this section 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.

Funding of independent children's lawyer not to affect costs order
 (5) In considering what order (if any) should be made under subsection (2) 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 established under a Commonwealth, State or Territory law or approved by the Attorney‑General.

Limit on orders against guardians ad litem
 (6) The court must not make an order under subsection (2) against a guardian ad litem unless the court is satisfied that one or more acts or omissions of the guardian relating to the proceedings are unreasonable or have delayed the proceedings unreasonably.