The Secretary, Department of Family and Community Services (NSW) and the Knoll Children (Costs) [2015] NSWChC 2

The Secretary, Department of Family and Community Services (NSW) and the Knoll Children (Costs) [2015] NSWChC 2

Exceptional circumstances justifying an order for costs against the Secretary exist because failures in Departmental communication and conduct necessitated the Carers' separate representation and costs, whereas such circumstances do not exist for an order against the paternal grandmother.

Parties
Secretary: The Secretary, Department of Family and Community Services (DFaCS); Children: The Children; Paternal Grandmother: The Paternal Grandmother; Carers: The Carers
Jurisdiction
Australia
Judgment Date
19 February 2015
Procedural Posture
Care and Protection / Application for Costs Following Dismissal of Substantive Application
Outcome
Carers’ costs application against paternal grandmother dismissed; costs application against Secretary allowed.
Legal Topics
Application for Costs Under S 88 of the Care Act, Exceptional Circumstances for a Costs Order
Children Care and Protection Application for Costs Under S 88 of the Care Act Exceptional Circumstances for a Costs Order

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Parties

The Secretary, Department of Family and Community Services (DFaCS)

Secretary

The Children

Children

The Paternal Grandmother

Paternal Grandmother

The Carers

Carers

Procedural Posture

Care and Protection / Application for Costs Following Dismissal of Substantive Application

Legal Issues

  1. 1 Whether there are exceptional circumstances to justify a costs order in care proceedings
  2. 2 Against whom, if anyone, costs should be awarded following the dismissal of the paternal grandmother’s application

Ratio Decidendi

Exceptional circumstances justifying an order for costs against the Secretary exist because failures in Departmental communication and conduct necessitated the Carers' separate representation and costs, whereas such circumstances do not exist for an order against the paternal grandmother.

Court Disposition

Carers’ costs application against paternal grandmother dismissed; costs application against Secretary allowed.

Orders

  • Application for costs against the paternal grandmother is dismissed.
  • Secretary, Department of Family and Community Services to pay the Carers’ costs in the sum of $21,820.26.