Key legal question
Whether post hoc legal aid and counsel compensation could be granted after the awarded party costs were offset and never reached counsel.
Extracted holding
Yes. The lawyer's right to compensation from the court fund remained because the party compensation could not be used to pay counsel after the set-off.
Extracted reasoning
Art. 64(2) BGG entitles counsel to payment from the court fund to the extent the work is not covered by the awarded party compensation. This applies not only when the compensation is unrecoverable, but also when it is offset against other claims against the assisted party.