New Family Law Court fees were introduced on 1 January 2013.  As part of the new fees, a subpoena fee is required when request that the Court issue a subpoena.  In some circumstances, an application for exemption can be made, but the situation with Independent Children’s Lawyers were not so clear, and they have been charged the fee (currently $50 for each subpoena).

In a recent case in the Federal Magistrates Court, the Court was asked to consider whether the Independent Children’s Lawyer was exempt from paying fees for the issuing of subpoenas.

The judgment was delivered on 25 March 2013. The Court made a declaration pursuant to reg.2.04(1) of the Family Law (Fees) Regulation 2012 that the ICL in the proceedings is a person entitled to exemption from the payment of fees, including but not limited to exemption from payment any fees in relation to the issue of subpoenas.

The case was reported as Wearden & Scotland [2013] FMCAfam 268 (25 March 2013).

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