Department of Human Services v RA (No 2) [2010] NSWADTAP 37

Department of Human Services v RA (No 2) [2010] NSWADTAP 37

It was fair to order the Department to pay the reasonable costs of RA, RB and TH because the Department's grounds of appeal were collectively extremely weak, the matter was an appeal proceeding, and the Tribunal had consistently decided that it had jurisdiction in similar circumstances. It was not fair to require payment of senior counsel's costs because the appeal did not raise issues that were particularly complex and RA and RB were already represented by junior counsel experienced in the jurisdiction.

Jurisdiction
Australia
Judgment Date
02 June 2010
Procedural Posture
Costs Application in Administrative Decisions Tribunal Appeal Panel Proceedings / Determined on the Papers Following an Appeal on a Question of Law From an Interlocutory Jurisdiction Decision
Outcome
Costs awarded to RA, RB and TH against the Department of Human Services, limited so that counsel's fees are calculated on the basis of fees properly payable to junior counsel.
Legal Topics
['costs in Tribunal Proceedings' 'relative Strength of Claims' 'weak Appeal' 'jurisdiction to Review Care Placement Decision' "counsel's Fees"]
['administrative Law' 'costs' 'children and Young Persons'] ['costs in Tribunal Proceedings' 'relative Strength of Claims' 'weak Appeal' 'jurisdiction to Review Care Placement Decision' "counsel's Fees"]

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Procedural Posture

Costs Application in Administrative Decisions Tribunal Appeal Panel Proceedings / Determined on the Papers Following an Appeal on a Question of Law From an Interlocutory Jurisdiction Decision

Legal Issues

  1. 1 ['Whether it was fair under s 88(1A) of the Administrative Decisions Tribunal Act 1997 to order the Department of Human Services to pay the costs of RA, RB and TH.' "Whether the relative weakness of the Department's appeal and the nature of appeal proceedings justified a costs order." 'Whether costs should include fees for senior counsel or be limited to fees properly payable to junior counsel.']

Ratio Decidendi

It was fair to order the Department to pay the reasonable costs of RA, RB and TH because the Department's grounds of appeal were collectively extremely weak, the matter was an appeal proceeding, and the Tribunal had consistently decided that it had jurisdiction in similar circumstances. It was not fair to require payment of senior counsel's costs because the appeal did not raise issues that were particularly complex and RA and RB were already represented by junior counsel experienced in the jurisdiction.

Court Disposition

Costs awarded to RA, RB and TH against the Department of Human Services, limited so that counsel's fees are calculated on the basis of fees properly payable to junior counsel.

Orders

  • ["The Department of Human Services pay the costs of RA, RB and TH of these proceedings as agreed or assessed, such costs to include counsel's fees calculated on the basis of fees properly payable to junior counsel."]