Department of Family and Community Services (DFaCS) and the Mason Children (Costs) [2018] NSWChC 4

Department of Family and Community Services (DFaCS) and the Mason Children (Costs) [2018] NSWChC 4

Exceptional circumstances existed because the Secretary conducted and relied on fundamentally flawed, inadequate and one-sided assessments that did not withstand reasoned scrutiny, including failing to gather and critically examine relevant and potentially exculpatory material, relying on significant factual errors, accepting the mother's assertions without adequate inquiry, and failing to assess the mother properly. Those exceptional circumstances justified a compensatory costs order against the Secretary. The mother's lies did not make it appropriate to order costs against her because false allegations by parents to Community Services are not exceptional, while the exceptional feature...

Jurisdiction
Australia
Judgment Date
30 July 2018
Procedural Posture
Care and Protection Proceedings; Application for Costs Under S 88 of the Children and Young Persons (care and Protection) Act 1998 / Costs Decision After Final Care Hearing and Final Orders
Outcome
Costs application allowed against the Secretary; indemnity costs and lump sum costs refused; no costs order made against the mother.
Legal Topics
['exceptional Circumstances for Costs in Care Proceedings' "secretary's Assessment Under S 83" 'adequacy and Fairness of Child Protection Investigation' 'indemnity Costs' 'lump Sum Costs']
['care and Protection' 'costs'] ['exceptional Circumstances for Costs in Care Proceedings' "secretary's Assessment Under S 83" 'adequacy and Fairness of Child Protection Investigation' 'indemnity Costs' 'lump Sum Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Care and Protection Proceedings; Application for Costs Under S 88 of the Children and Young Persons (care and Protection) Act 1998 / Costs Decision After Final Care Hearing and Final Orders

Legal Issues

  1. 1 ['Whether exceptional circumstances under s 88 of the Children and Young Persons (Care and Protection) Act 1998 justified a costs order in favour of the father.' 'Whether any costs order should be made against the Secretary, the mother, or both.' 'Whether costs should be awarded on an indemnity basis.' 'Whether the Court should make a lump sum costs order for $90,464.60 or order costs as agreed or assessed.']

Ratio Decidendi

Exceptional circumstances existed because the Secretary conducted and relied on fundamentally flawed, inadequate and one-sided assessments that did not withstand reasoned scrutiny, including failing to gather and critically examine relevant and potentially exculpatory material, relying on significant factual errors, accepting the mother's assertions without adequate inquiry, and failing to assess the mother properly. Those exceptional circumstances justified a compensatory costs order against the Secretary. The mother's lies did not make it appropriate to order costs against her because false allegations by parents to Community Services are not exceptional, while the exceptional feature...

Court Disposition

Costs application allowed against the Secretary; indemnity costs and lump sum costs refused; no costs order made against the mother.

Orders

  • ['The Secretary, Department of Family and Community Services is to pay the costs in these proceedings to the father, as agreed or as assessed.']