Department of Communities and Justice (DCJ) and Layla, Jasmine and Zara [2023] NSWChC 14

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Layla, Jasmine and Zara [2023] NSWChC 14 Hearing dates: 21 August 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Care and protection Before: Judge Skinner, President of the Children's Court of NSW Decision: Application for costs dismissed Catchwords: CHILDREN – Care and protection – costs – exceptional circumstances – scope of care proceedings Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Children's Court Act 1987 (NSW) Cases Cited: Department of Communities and Justice (DCJ) and Katie [2023] NSWChC 11 NSW Insurance Ministerial Corporation v Edkins (1998) 45 NSWLR 8 at 12 Category: Costs Parties: The Mother The Father The Secretary, Department of Communities and Justice Representation: Ms Wong (Secretary) Mr King and Mr Size (Mother) Mr McIntyre (Father) File Number(s): 2020/00097591 Publication restriction: Pseudonyms have been used to protect the identity of the children and family members.

JUDGMENT

Application 1. The Mother has filed an application for costs pursuant to s 88 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) ('the Act'). 2. On 28 June 2023, the Court determined a s 90 application filed by the Mother seeking a rescission of care orders made at Parramatta Children's Court on 25 June 2021. The orders were rescinded. 3. The Mother is seeking a gross sum payment of $135,382.69 for costs incurred in all care proceedings since the children were removed in March 2020. 4. The respondent is the Secretary, Department of Communities and Justice ('The Secretary'). 5. The Court must determine whether 'costs in care proceedings' relate to a specific application or the entirety of proceedings involving the subject children. 6. The Court must then determine whether there are exceptional circumstances that justify the Court making an 'order for costs in care proceedings'.