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When Your Lawyer Isn’t Ready (or Allowed to Appear): Court Orders “Costs Thrown Away” Against the Father’s Solicitors

In McNeil & Rydell [2026] FedCFamC2F 149 (Dickson J, 3 February 2026), the Federal Circuit and Family Court of Australia (Division 2) dealt with a Compliance and Readiness Hearing in parenting proceedings where the father did not appear, his solicitors had no meaningful instructions for months, and a junior solicitor appeared despite being on a restricted practising certificate and not being on the legal aid panel. The Court ordered the father’s solicitors (C Law Firm) to pay fixed “costs thrown away” to the mother and the Independent Children’s Lawyer (ICL), and to file a Notice of Ceasing to Act.

🧩 Facts and Issues

Facts: The proceedings concerned competing final parenting applications about a child born in 2021. The matter was listed for a Compliance and Readiness Hearing (referred as far back as 26 May 2025). The mother and the ICL filed Certificates of Readiness; no Certificate was filed for the father.

When called, Mr B of C Law Firm appeared for the father (who was absent). The Court raised serious concerns because:

  • Mr B was on a restricted practising certificate requiring supervision, but his supervisor/file principal (Mr D) was not physically present; and
  • Mr B confirmed he was not on the Legal Services Commission panel to act for legal aid clients, despite the father being legally aided.

C Law Firm also told the Court it had not had meaningful contact/instructions from the father since the 26 May 2025 orders, yet had not filed a Notice of Ceasing to Act before the hearing—creating avoidable cost and procedural unfairness risks.

Issues:

  1. Should the Court order costs thrown away for the mother and ICL given the avoidable attendance?
  2. Should those costs be ordered against the father’s legal representatives (not the father), and what deterrent/orders are appropriate?

⚖️ Applicable Law – Legislation, Regulations, Rules

  • Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 12.15 (costs orders against legal practitioners).
  • Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) Sch 1 (scale amounts used to fix the thrown-away costs: item 13(b) daily hearing fees; item 13(a) short mention).

📌 Precedents Relied On

No case authorities were relied on or discussed in the ex tempore reasons. The decision turned on the Court’s express rules power and the immediate professional/practice failures in the conduct of the hearing.

🧠 Analysis

Issue

Whether the father’s solicitors should personally pay “costs thrown away” where the matter was listed for readiness/compliance, yet the father’s side was not prepared and the appearance raised acute professional/practice issues (restricted certificate + no legal aid panel authority + no instructions).

Rule

  • The Court may order costs against legal practitioners under r 12.15 where it is just—both to compensate parties who incurred unnecessary costs and to deter repetition.
  • Costs can be fixed using the Schedule 1 scale in the Division 2 Rules (here, item 13(b) and item 13(a)).

Application

  • The mother and ICL attended ready for a Compliance and Readiness Hearing, but the father’s side had not filed a Certificate of Readiness and the father did not attend.
  • The Court found the situation was avoidable: the firm had not had meaningful instructions since May 2025 and indicated it would seek to withdraw, yet failed to file a Notice of Ceasing to Act earlier (which would have avoided wasted attendance and allowed proper notice steps to the father).
  • The Court considered “fault” lay squarely with the file principal (Mr D) and that a costs order was appropriate to compensate the mother and ICL and deter recurrence, especially given the Court noted this problem had occurred very recently in similar form.

Conclusion

The Court ordered C Law Firm pay:

  • $2,729.50 (incl GST) to the mother’s solicitors (Stanley Hill Elkins) for thrown-away solicitor/counsel attendance;
  • $371.89 (incl GST) to the ICL’s solicitors (Hancock Family Law) for thrown-away attendance;
  • and to file and serve a Notice of Ceasing to Act within 7 days, including updated contact details for the father and the adjourned hearing date.

🧠 Take-Home Lesson

Compliance/Readiness events aren’t “soft mentions”. If a party’s lawyers lack instructions, they must take procedural steps early (including ceasing to act where appropriate), and firms must not put junior practitioners in court where they cannot properly appear (supervision/legal aid panel constraints). If they do, the Court can (and will) shift the financial consequences directly onto the lawyers via r 12.15.

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