FMV v Wandiyali [2023] NSWCATAD 288

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FMV v Wandiyali [2023] NSWCATAD 288 Hearing dates: On the papers Date of orders: 02 November 2023 Decision date: 02 November 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: The application for costs is dismissed Catchwords: COSTS - ADMINISTRATIVE REVIEW – Authorised carers - special circumstances - costs where proceedings withdrawn. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons Care and Protection Regulations 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: P v NSW Trustee and Guardian P v NSW Trustee and Guardian (No 2) [2015] NSWSC 676 Category: Principal judgment Parties: FMV (applicant) Wandiyali (respondent) Representation: Solicitors: Manning Lawyers (FLP) Care Legal (Wandiyali) File Number(s): 2022/00254323 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act 2013, publication or broadcast of the applicants and children mentioned or involved in these proceedings is prohibited. Pseudonyms have been used for the parties.

Reasons for Decision 1. These proceedings related to administrative review of two decisions made under the Children and Young Persons (Care and Protection) Act 1998 (NSW), removing daily care and control of children from the applicant and cancelling the applicant's carer authorisation. 2. At a hearing on 20 July 2023, orders were made dismissing the proceedings because the applicant withdrew the application. The respondent sought the costs of the proceedings. Orders were also made for the parties to provide written submissions and material in relation to the costs applications. The parties were also provided with the opportunity to make submissions in relation to dispensing with the hearing, as is required by s 50 (3) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act). An order was b made dispensing with a hearing pursuant to s 50(1)(c) of the NCAT Act 3. Having considered that material and written submissions provided by the parties, I don't not find that there are special circumstances which warrant the making of a costs order in these proceedings.