Director of Family Services in the capacity of Christine Lesley Healy v Campione, Michael & Anor [1998] FCA 370

FEDERAL COURT OF AUSTRALIA C A T C H W O R D S APPEAL - costs - appeal from Supreme Court orders as to costs - parents of children appeal successfully to Supreme Court against Children's Court orders in care proceedings brought by Director of Family Services - Supreme Court orders costs against Director in Supreme Court and in Children's Court on Supreme Court scale - whether costs should follow event - effect of statutory provisions as to costs in Children's Court - whether court should follow policy of ordinarily ordering costs against Director where parents have acted responsibly - Supreme Court orders justified on grounds other than proposed policy. COSTS - direction by Supreme Court that costs in Children's Court be paid on Supreme Court scale - whether power to so direct - effect of direction - lack of clarity in legislation and regulations. Children's Services Act 1986 (ACT), s.20, para.83(1)(e), para.144(1)(c), sub-s.147(1) Magistrates Court (Civil Jurisdiction) Act 1982 (ACT), s-ss. 22(1), (2) and (9), s.246, 393 Magistrates Court (Civil Jurisdiction) (Solicitors Costs) Regulations, reg. 2 Supreme Court Act 1933 (ACT), s.23 Common Law Procedure Act 1852 (UK), 15 & 16 Vic, c76 Common Law Procedure Act 1899 Federal Court Act 1976, s.43 Seat of Government Supreme Court Ordinance 1933 (ACT) Duralla Pty Ltd v. Plant (1984) 2 FCR 342 - followed Petreski v. Cargill (1987) 18 FCR 68 - followed Brambles Holdings Ltd v. Trade Practices Commission (1979) 40 FLR 364 - followed Latoudis v. Casey (1990) 170 CLR 534 - considered, followed R v. Goia (1988) 19 FCR 212 - considered McEwen v. Siely (1972) 21 FLR 131 - followed Gojkovic v. Gojkovic (No. 2) [1992] 1 All ER 267 - considered Hamdorf v. Riddle [1971] SASR 398 - followed Reid Hewitt & Co. v. Jospeh [1918] AC 717 at 723 - considered 20 Corpus Juris Secundum para.4 Friedlander, Costs and the Public Interest Litigant 40 (1995) McGill LJ 55