CAC v Secretary, Department of Family & Community Services (No 2) [2015] NSWSC 344

Supreme Court New South Wales

Medium Neutral Citation: CAC v Secretary, Department of Family & Community Services (No 2) [2015] NSWSC 344 Hearing dates: 19 March 2015 Date of orders: 31 March 2015 Decision date: 31 March 2015 Jurisdiction: Equity Division Before: Lindsay J Decision: Order that the plaintiff pay the costs of the first and sixth defendants in the lump sum of $7,500.00 Catchwords: Family law and child welfare – Child welfare under State legislation – Challenge in Supreme Court to proceedings pending in Children's Court – Costs – Principles

Practice – Costs – Jurisdiction – Care proceedings – Challenge to proceedings in Children's Court - Principles Legislation Cited: Civil Procedure Act 2005 NSW Children and Young Persons (Care and Protection) Act 1998 NSW Supreme Court Act NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855 CCR v PS (No 2) (1986) 6 NSWLR 622 Colquhoun v District Court of NSW (No 2) [2015] NSWCA 54 Colquhoun v District Court of NSW [2014] NSWCA 460 at [62] Hamod v State of New South Wales [2011] NSWCA 375 Oshlack v Richmond River Council (1998) 193 CLR 72. Re Felicity [2012] NSWCA 272 Re Kerry (No 2) – Costs [2012] NSWCA 194 Wilson v Department of Human Services; Re Anna (No 2) [2011] NSWSC 545 Zepinic v Chateaux Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Texts Cited: - Category: Costs Parties: Plaintiff: Father of subject children First Defendant: Secretary, Department of Family & Community Services Sixth Defendant: Minister for Family and Community Services Representation: Counsel: Plaintiff: CR de Robillard First and Sixth Defendants: Ms M Neville