Director General of the Department of Human Services v Ellis - Simmons [2011] NSWChC 5

Children's Court New South Wales

Medium Neutral Citation: Director General of the Department of Human Services v Ellis - Simmons [2011] NSWChC 5 Decision date: 25 March 2011 Jurisdiction: Care and protection Before: Judge Mark Marien SC, President Decision: No exceptional circumstances warranting an order for costs and application refused. Catchwords: CHILDREN - costs - order for costs as a result of an application which was refused - conduct of legal representative - "exceptional circumstances" Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Revised Professional Conduct and Practice Rules 1995 (Solicitors' Rules) Cases Cited: S v Minister for Youth and Community Services (Supreme Court of NSW, Powell J, 3 April 1986) In the Matter of Jackson [2007] CLN 2 SP v Department of Community Services (DoCS) [2006] NSWDC 168 DoCS v SM and MM [2008] NSWDC 68 BS v DoCS & Ors (District Court of NSW, Robison DCJ, 26 August 2009) Joy Alleyne as Independent Legal Representative for LC v Director General Dept of Community Services (District Court of NSW, Goldring DCJ, 22 July 2009) XX v Nationwide News Pty Ltd (District Court of NSW, Gibson DCJ, 11 June 2010) Murray Publishers Pty Ltd v Valuer-General (1994) 84 LGERA 13 Australian Recyclers Pty Ltd v v Environment Protection Authority of NSW (2000) 110 LGERA 171 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 San v Rumble (No. 2) [2007] NSWCA 259 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 Vero Insurance Scriven [2010] FMCA 352 Wentworth v Rogers [1999] NSWCA 403 Category: Costs Parties: Ms Nicole Ellis (mother) Mr Craig Simmons (father) Ms Peta Ellis (maternal great aunt) The children Mr Mitchell Young (father) Representation: Ms De Re on behalf of Mr Young Ms Orr on behalf of Mr Simmons Ms Coady as independent legal representative for the children N/A File Number(s): 207-210/09 & 249/09 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who is reasonably likely to involved or mentioned in Children's Court or non-Court proceedings in any capacity must not be published or broadcast in any form that may be accessible by a person in New South Wales whether the publication or broadcast occurs before any proceedings have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.