Re Felicity (No. 2) [2012] NSWSC 1561

Supreme Court New South Wales

Medium Neutral Citation: Re Felicity (No. 2) [2012] NSWSC 1561 Hearing dates: Submissions from plaintiff 22 May 2012 Decision date: 14 December 2012 Jurisdiction: Equity Division - Protective List Before: White J Decision: No further orders made. Catchwords: COSTS - costs orders against legal practitioners pursuant to s 99 of Civil Procedure Act 2005 - no such order made in the circumstances because arguments advanced by solicitor were not obviously untenable - solicitor's conduct of Children's Court proceedings not relevant to wasted costs order in present proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Act 1987 (NSW) Family Law Act 1975 (Cth) Commonwealth Powers (Family Law - Children) Act 1986 (NSW) Children & Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Re Felicity [2012] NSWSC 494 Lemoto v Able Technical Pty Ltd [2005] NSWCA 153; (2005) 63 NSWLR 300 Steindl Nominees Pty Ltd v Laghaifar [2003] QCA 157; [2003] 2 Qd R 683 Levick v Deputy Commissioner of Taxation [2000] FCA 674; (2000) 102 FCR 155 Fay v Turner [2008] FMCA Fam 1508 Louise v Director General of Community Services [2011] NSWSC 1646 Category: Costs Parties: Mother of Felicity (Plaintiff) Director General, Department of Family & Community Services (1st Defendant) Father of Felicity (2nd Defendant) Felicity (4th Defendant) Representation: Counsel: G Potkonyak, solicitor (Plaintiff) K Richardson (1st Defendant) In Person (2nd Defendant) K Shea, solicitor (4th Defendant) Solicitors: Capellia Legal (Plaintiff) Crown Solicitor's Office (1st Defendant) N/a (2nd Defendant) Legal Aid NSW (4th Defendant) File Number(s): 2011/407161