Department of Family and Community Services (DFaCS) and the Mason Children (Costs) [2018] NSWChC 4

Children's Court New South Wales

Medium Neutral Citation: Department of Family and Community Services (DFaCS) and the Mason Children (Costs) [2018] NSWChC 4 Hearing dates: 5 June 2018 Date of orders: 30 July 2018 Decision date: 30 July 2018 Jurisdiction: Care and protection Before: Children's Magistrate Sheedy Decision: The Secretary, Department of Family and Community Services to pay the costs of the father as agreed or assessed Catchwords: CHILDREN – Care and protection – application for costs under s 88 of the Care Act – whether there are exceptional circumstances Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Family Law Act 1975 Cases Cited: BS v Minister for Department of Community Services & Ors [2009] Children's Law News Briginshaw v Briginshaw [1938] HCA 34 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Department of Family and Community Services (DFaCS) and the Mason Children (Unreported) Department of Community Services v. SM and MM [2008] NSWDC 68 Oshlack v Richmond River Council (1998) 193 CLR 72 Re: A Foster Carer v Department of Family & Community Services [2017] NSWDC 360 Re: A Foster Carer v Department of Family & Community Services [No 2] [2018] NSWDC 71 Re Ellen [2013] NSWSC 1573 SP v Department of Community Services [2006] NSWDC 168 The Secretary, Department of Family and Community Services and the Knoll Children (costs) [2015] NSWChC 2 XX v Nationwide News Pty Ltd [2010] NSWSC 147 Re Ellen [2013] NSWSC 1573 Category: Principal judgment Parties: The Secretary The mother The father The children Representation: Mr Aich, solicitor, for the Secretary Ms Hardie, solicitor, for the mother Ms Raines, solicitor, for the father File Number(s): 2017/00210607 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties