In the matter of a referral of a solicitor to the Law Society of NSW; EL v DE and the Secretary, Department of Family and Community Services [2015] NSWDC 59

District Court New South Wales

Medium Neutral Citation: In the matter of a referral of a solicitor to the Law Society of NSW; EL v DE and the Secretary, Department of Family and Community Services [2015] NSWDC 59 Hearing dates: 30 March; 2 April 2015 Date of orders: 13 April 2015 Decision date: 13 April 2015 Jurisdiction: Civil Before: Knox SC DCJ Decision: Confirm the orders made approving the memorandum of consent orders on the substantive proceedings. Order that the solicitor for the Plaintiff, George Potkonyak pay the costs of the paternal grandmother of and incidental to the proceedings commenced upon the filing of the Summons Commencing an Appeal by the Plaintiff mother on 3 November 2014 in the usual way, such costs to be as assessed or agreed. Direct that the Registrar forward a copy of the following documents to the Law Society of NSW: (1) a copy of these remarks; (2) a copy of the mother's affidavit sworn 27 March 2015; (3) a copy of the written submissions of Mr Potkonyak; (4) a copy of the transcript of the proceedings in this matter of 30 March 2015; and (5) a copy of the District Court file in these proceedings. Catchwords: CHILDREN – referral of solicitor to Law Society of NSW in care and protection proceedings – failure to provide relevant material – filing of selective material creating misleading impression to Court – costs in care proceedings – costs against solicitor personally Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 ss 88, 90, 91 Civil Procedure Act 2005 s 99 Family Law Act 1975 s 117 Legal Profession Act 2004 s 347 Cases Cited: Campbell [2011] NSWSC 761 Law Society of NSW v Foreman (1994) 34 NSWLR 408 SP v Department of Community Services [2006] NSWDC 168 Wentworth v Rogers [1999] NSWCA 403 Texts Cited: G E Dal Pont, Law of Costs (3rd ed, LexisNexis Butterworths, 2013) Category: Principal judgment Parties: Plaintiff Mother – EL First Defendant Paternal Grandmother – DE Second Defendant – DoFACS Independent Legal Representative for the child S Representation: Plaintiff – Mr Potkonyak of Capellia Legal First Defendant - Ms Mowbray of Verekers Wollongong Lawyers Second Defendant, Secretary DoFACS – Ms Neville of counsel instructed by the Crown Solicitor's office Independent Legal Representative – Ms Saw of counsel instructed by Legal Aid Commission of NSW File Number(s): 2014/323331 Publication restriction: None. Parties and children have been anonymised.