Re. A Costs Appellant Carer (a pseudonym) v The Secretary, Department of Communities and Justice [2021] NSWDC 197

District Court New South Wales

Medium Neutral Citation: Re. A Costs Appellant Carer (a pseudonym) v The Secretary, Department of Communities and Justice [2021] NSWDC 197 Hearing dates: 26 February 2021 Date of orders: 26 February 2021 Decision date: 26 May 2021 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [123] for orders. Catchwords: CHILD CARE APPEAL ON COSTS – appeal from decision of Children's Court refusing appellant's application for costs where the Secretary, Department of Communities and Justice failed to meet the establishment criteria in proceedings in the Children's Court – whether exceptional circumstances have been shown by the costs appellant: s 88 of the Children and Young Persons (Care and Protection) Act 1998 Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 8, s 9(1), s 44, s 72(2), s 88, s 91, s 98, s 105 Civil Procedure Act 2005 (NSW), s 98 Health Insurance Act 1973 (Cwth) Cases Cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2006) 236 ALR 665 Department of Family and Community Services v SM and MN [2008] NSWDC 68 Gray v Richards (No 2) [2014] HCA 47 Ho v Professional Services Review Committee No 295 [2007] FCA 288 House v The King (1936) 55 CLR 499; [1936] HCA 40 Keen v Telstra Corporation (No 2) [2006] FAC 930 Northern Territory v Sangare [2019] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Re: A Foster Carer v Department of Family and Community Services [No 2] [2018] NSWDC 71 Secretary, Department of Family and Community Services (NSW) and the Knoll Children (Costs) NSWChC 2 Sheborne Estate (No 2); Vanvalen v Neaves (2005) 65 NSWLR 268; [2005] NSWSC 1003 Category: Costs Parties: A Costs Appellant Carer (Appellant) The Secretary, Department of Communities & Justice (Respondent) Representation: Counsel: Ms C Smith (Appellant) Ms B Dean (Respondent, The Secretary)