Re: A Foster Carer v Department of Family & Community Services [No 2] [2018] NSWDC 71

District Court New South Wales

Medium Neutral Citation: Re: A Foster Carer v Department of Family & Community Services [No 2] [2018] NSWDC 71 Hearing dates: 2 March 2018 Date of orders: 29 March 2018 Decision date: 29 March 2018 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Pursuant to s 88 of the Children and Young Persons (Care and Protection) Act 1998, the appellant's costs of the appeal and the consequential application for costs, are assessed in the discounted amount of $23,000; 2. The assessed costs the subject of Order (1) above, are to be paid by the respondent within 14 days of today's date; 3. Liberty to apply on 3 days' notice if any further or other orders are required. Catchwords: CHILD CARE APPEAL – due to exceptional circumstances the appellant's costs of the appeal assessed pursuant to s 88 of the Children and Young Persons (Care and Protection) Act 1998 are to be paid by the Department of Family and Community Services Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, s 8, s 88, s 90, s 91, s 92, s 93, Civil Procedure Act 2005, s 98 Cases Cited: Allplastics Engineering Pty Ltd v Dornoch Ltd [2006] NSWCA 33 Amaca Pty Ltd v Phillips [2014] NSWCA 249 Awa v Independent News Auckland Ltd [1996] 2 NZLR 184 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Consumer Commission v Dataline.Net.Au Pty Ltd (2006) 236 ALR 665 Cummins v MacKenzie [1979] 2 NSWLR 803 Department of Community Services v SM and MM [2006] NSWDC 68 Douglas v Lewton Pty Ltd (No 2) [2007] NSWCA 90 Evans v Lindsay [2006] NSWCA 354 Hicks v ATSIC (2001) 110 FCR 582 In the matter of Mr Donaghy (Costs) [2012] NSWChC 11 Keen v Telstra Corp (No 2) [2006] FAC 930 Nikac v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 65 Oshlack v Richmond River Council [1998] HCA 1; 193 CLR 72 R v Dunwoodie [1978] 1 AER 923 R v Kelly [1999] 2 AER 13 R v Lowery [1993] Crim LR 225 R v Okinikan [1993] 1 WLR 173 R v Sanderson [1993] Crim LR 224 Re: A Foster Carer v Department of Family & Community Services [2017] NSWDC 360 Re Michael Barbaro [2004] VSC 404 Roberts v Rodier [2006] NSWSC 1084 SP v Department of Community Services [2006] NSWDC 168 Sheborne Estate (No 2); Vanvalen v Neaves [2005] NSWSC 1003; (2005) 65 NSWLR 268 The Secretary, Department of Family and Community Services (NSW) and the Knoll Children (Costs) [2015] NSWChC 2 Category: Costs Parties: A Foster Carer (Appellant) The Secretary, Department of Family and Community Services (First defendant) Child's mother (Second defendant) Independent Children's Lawyer (Third defendant) Representation: Counsel: Ms C Smith (Appellant) Mr C McGorey (First defendant) Ms D Pickering (Second defendant) Mr B Saunders (Third defendant)