Re: A Foster Carer v Department of Family & Community Services [No 2] [2018] NSWDC 71

Re: A Foster Carer v Department of Family & Community Services [No 2] [2018] NSWDC 71

Exceptional circumstances were established because FaCS resisted the appellant's appeal relying on a deeply flawed investigation report, failed to follow Ombudsman recommendations, and thus caused procedural unfairness and unnecessary costs. Accordingly, a gross sum costs order for $23,000 was justified under s 88 of the Act.

Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Child Care Costs Appeal / Post Appeal Costs Determination
Outcome
Costs application upheld; costs awarded to appellant against respondent.
Legal Topics
['costs in Care Proceedings' 'exceptional Circumstances' 'procedural Fairness' 'evidentiary Standards']
['family Law' 'child Protection' 'civil Procedure'] ['costs in Care Proceedings' 'exceptional Circumstances' 'procedural Fairness' 'evidentiary Standards']

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Procedural Posture

Child Care Costs Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to justify an order for costs under s 88 of the Children and Young Persons (Care and Protection) Act 1998' 'Whether a gross sum costs order should be made against the Department of Family and Community Services' 'Assessment of the conduct and reasoning underlying the investigatory process and procedural fairness']

Ratio Decidendi

Exceptional circumstances were established because FaCS resisted the appellant's appeal relying on a deeply flawed investigation report, failed to follow Ombudsman recommendations, and thus caused procedural unfairness and unnecessary costs. Accordingly, a gross sum costs order for $23,000 was justified under s 88 of the Act.

Court Disposition

Costs application upheld; costs awarded to appellant against respondent.

Orders

  • ["Pursuant to s 88 of the Children and Young Persons (Care and Protection) Act 1998, the appellant's costs of the appeal and the consequential application for costs, are assessed in the discounted amount of $23,000." "The assessed costs the subject of Order (1) above, are to be paid by the respondent within 14 days...