Rado & Musella [2026] FedCFamC1F 99 (16 February 2026)

1. Within 10 days of the date of these orders, the Independent Children's Lawyer is to provide to the applicant's solicitor a breakdown as to how the costs sought by the Independent Children's Lawyer are quantified.
2. Within a further 7 days of the date of these orders, the applicant is to respond to the correspondence of the Independent Children's Lawyer indicating whether or not there is an agreement to the amount of costs sought.
3. Within a further 21 days of the date of these orders, the Independent Children's Lawyer is to submit to my chambers at ...@... written submissions not exceeding three (3) pages as to the issue of their costs.
4. Within 7 days thereafter, the mother is to submit to chambers written submissions not exceeding three (3) pages responding to the submissions of the Independent Children's Lawyer.
5. The application as to costs will be determined in chambers on the papers upon receipt of written submissions in accordance with Orders 4 and 5.
6. Within 28 days of the date of these orders, the father is to pay the costs of the Independent Children's Lawyer fixed in the sum of $3,567.44.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym Rado & Musella has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. The parties to these proceedings, namely the mother, the father, the paternal grandparents and the Independent Children's Lawyer, have, with the exception of the Independent Children's Lawyer, reached agreement in the terms of a document which will ultimately be marked as Exhibit 1. The terms of that order would bring to an end the litigation before this Court involving the parties and their two children, who are 12 and 15.
2. I am satisfied that the financial orders represent a just and equitable determination of the parties' rights pursuant to s 79 of the Family Law Act 1975 (Cth).
3. In relation to the parenting orders, the orders provide for the mother to have sole-decision making responsibility, albeit they rather ineloquently describe it as sole-parental responsibility, and for the children to live with the mother. In discussions this morning with the Independent Children's Lawyer, she indicated that she did not oppose the making of those two orders but otherwise wanted an opportunity to speak to the children to consider whether an order should be made for the children to attend upon some form of therapy.
4. I am not prepared to delay the making of these orders. The Independent Children's Lawyer clearly has sufficient confidence in the mother's sole decision-making responsibility to agree to an order that invests her with that responsibility. In those circumstances, it seems to me that a further delay in the ending of this litigation is in the interests of no one and, accordingly, I propose to make the orders sought, albeit noting the position of the Independent Children's Lawyer.
5. As stated, I intend to mark as Exhibit 1 in this application a document described as "Minutes of Order" and I will make orders in terms of paragraphs one through to twenty of that documents.
6. The Independent Children's Lawyer seeks an order for the costs of her engagement in the litigation. The sum sought is $7,134.88. She seeks an order that the parents share that cost equally.
7. Counsel who appears on behalf of the respondent father do not oppose the order as sought by the Independent Children's lawyer. The solicitor for the mother seeks an opportunity to see how the sum is calculated and thereafter to obtain instructions in relation to the said sum. I propose to give her a short time to do so, but not an indefinite period of time. Accordingly, I propose to make the following orders.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Schonell.