Secretary, Department of Communities and Justice v JK [2023] NSWDC 561

District Court New South Wales

Medium Neutral Citation: Secretary, Department of Communities and Justice v JK [2023] NSWDC 561 Hearing dates: 27-29 November 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The appeal is allowed. (2) The orders as to costs of the Children's Court of New South Wales made on 2 May 2023 are set aside. (3) There be no order as to the costs of the proceedings before the Children's Court. (4) There be no order as to the costs of the appeal before this Court. (5) The Notice of Motion filed 1 June 2023 is dismissed. (6) There be no order as to the costs of the Notice of Motion. Catchwords: CHILD WELFARE – care and protection of children – appeal to District Court – application by father and mother for costs orders – whether "exceptional circumstances" have been established to justify costs orders made by Children's Court – allegation of sexual interference with step-daughter – relevance to risk to biological younger son Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: CXZ v Children's Guardian [2020] NSWCA 338 D v C; Re B (No 2) [2018] NSWCA 310 Department of Communities and Justice and Bloom [2021] NSWChC 2 Department of Community Services v SM and MM [2008] NSWDC 68 Douglass v Lawton Pty Ltd (No 2) [2007] NSWCA 90 Isles & Nellisen [2022] FedCFamC1A 97 JH v Secretary, Department of Communities & Justice & Ors (No 3) [2023] NSWDC 517 M v M [1988] HCA 68; (1988) 166 CLR 69 NU v New South Wales Secretary of Family and Community Services [2017] NSWCA 221 Re Kerry (No 2) [2012] NSWCA 127 Re: A Foster Carer v Department of Family and Community Services (No 2) [2018] NSWDC 71 S v Department of Community Services [2002] NSWCA 151 Secretary, Department of Family and Community Services v Hayward [2018] NSWCA 209 SP v Department of Community Services [2006] NSWDC 168 The Secretary, Department of Family and Community Services (NSW) and the Knoll Children (Costs) [2015] NSWChC 2 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Plaintiff) JK (First Defendant) NOV (Second Defendant) Representation: Counsel: M Anderson (Plaintiff) V Willoughby (Solicitor) (First Defendant) In Person (Second Defendant)