Director General of the Department of Family and Community Services v Amy Robinson-Peters [2012] NSWChC 3

Children's Court New South Wales

Medium Neutral Citation: Director General of the Department of Family and Community Services v Amy Robinson-Peters [2012] NSWChC 3 Decision date: 10 February 2012 Jurisdiction: Care and protection Before: Judge Mark Marien SC, President Decision: Section 88 of the Care Act provides the Court with the power to award costs only against the party to the proceedings and not against a non-party such as a legal representative. Mother ordered to pay the father's costs of the application. Catchwords: CHILDREN - care proceedings - application for costs under s 88 - extent of Children's Court jurisdiction - exceptional circumstances - doomed to fail - gross incompetence of solicitor amounts to exceptional circumstances - s 88 does not extend to costs against non-party Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Family Law Act 1975 Commonwealth of Australia Constitution Act (The Constitution) Commonwealth Powers (Family Law-Children) Act 1986 Children's Court Act 1987 District Court Act 1973 Local Court Act 2007 Civil Procedure Act 2005 Legal Profession Act 2004 Cases Cited: S v Department of Community Services [2002] NSWCA 151 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Louise v Director General of Community Services & Ors [2011] NSWSC 1646 Grassby v The Queen (1989) 168 CLR 1 Jayasinghe v Minister for Immigration and Ethnic Affairs and Another (1997) 145 ALR 532 Chandler v Alberta Association of Architects [1989] 2 SCR 848 Fish v Solution 6 Holdings Limited [2006] HCA 22 Australian Co-operative Foods Ltd v SW and JD Reilly and Sons Pty Ltd [2011] NSWCA 148 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11 Allianz Australia Insurance Ltd v Crazzi and Others [2006] NSWSC 1090 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 R v Kelly (Edward) [2000] 1 QB 198 R v Buckland [2000] 1 WLR 1262 Ho v Professional Services Review Committee No. 295 [2007] FCA 288 Awa v Independent News Auckland [1996] 2 NZLR 184 SP v Department of Community Services (DoCS) [2006] NSWDC 168 Director General of the Department of Human Services and Ellis-Simmons [2011] CLN 4 Lemoto v Able Technical Pty Ltd & 2 Ors [2005] NSWCA 153 Knaggs v JA Westaway & Sons Pty Ltd and Others (1996) 40 NSWLR 476 Category: Costs Parties: Mr Peters (father) Ms Robinson (mother) The Director General Amy Robinson-Peters (child) Representation: Ms Renshall for the father Mr A. Nasti for the Director General Mr Potkonyak for the mother Ms Canning, independent representative for the child N/A File Number(s): 510/11 Publication restriction: Any information that names or is likely to lead to the identification of a child or young person who is reasonably likely to involved or mentioned in Children's Court or non-Court proceedings in any capacity must not be published or broadcast in any form that may be accessible by a person in New South Wales whether the publication or broadcast occurs before any proceedings have commenced, during the proceedings or after they are disposed of. This prohibition applies until the child or young person turns 25 years of age or dies.