In the matter of Mr Donaghy (Costs) [2012] NSWChC 11

In the matter of Mr Donaghy (Costs) [2012] NSWChC 11

The Children's Court does not have the legislative power to make an order for costs against a legal practitioner personally in care proceedings; section 88 of the Care Act does not confer such power against non-parties, and there is no other statutory provision authorising such an order.

Parties
Legal Practitioner/applicant/respondent in Costs Application: Mr Donaghy
Jurisdiction
Australia
Judgment Date
07 May 2012
Procedural Posture
Care Proceedings – Costs Application / Judgment on Application for Costs Order Against Practitioner
Outcome
No order as to costs; application for costs against practitioner refused for lack of jurisdiction.
Legal Topics
Power to Order Costs Against Legal Practitioner, Children and Young Persons (care and Protection) Act 1998 S 88, Practice Note 5 Case Management, Duties of Legal Practitioner
Costs Children's Law Power to Order Costs Against Legal Practitioner Children and Young Persons (care and Protection) Act 1998 S 88 Practice Note 5 Case Management Duties of Legal Practitioner

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Parties

Mr Donaghy

Legal Practitioner/applicant/respondent in Costs Application

Procedural Posture

Care Proceedings – Costs Application / Judgment on Application for Costs Order Against Practitioner

Legal Issues

  1. 1 Whether the Children's Court has power to order costs against a legal practitioner personally in care proceedings
  2. 2 Whether legislative provisions allow such an order

Ratio Decidendi

The Children's Court does not have the legislative power to make an order for costs against a legal practitioner personally in care proceedings; section 88 of the Care Act does not confer such power against non-parties, and there is no other statutory provision authorising such an order.

Court Disposition

No order as to costs; application for costs against practitioner refused for lack of jurisdiction.

Orders

  • No order as to costs.