Car v Department of Child Safety

In the appeal heard by the Queensland Court of Appeal, Car, the appellant, challenged the decision of the first respondent, the Department of Child Safety. The dispute arose from proceedings where the Department sought an order for the removal of the appellant's child, leading to a complex litigation process. The appellants, represented by their own legal counsel, sought to recover what they termed as "ongoing costs" related to the appeal, including the cost or value of their own labour in litigating the matter. The central legal issue before the Court was whether the term "costs" encompasses a non-lawyer's own time expended in preparing and conducting litigation.

The Court of Appeal addressed the scope of costs that could be recovered in an appeal, particularly focusing on the appellants' claim for their own labour. It was determined that the costs traditionally associated with litigation refer to legal professional fees and expenses, rather than the time and effort contributed by non-lawyers. The Court found that the appellants' claim for their own labour did not fall within the conventional understanding of costs recoverable in litigation. Consequently, the Court ruled that the appellants' request for compensation for their own time expended in the appeal was not permissible under the legal framework governing costs in litigation. The appeal was allowed, but the application for an order for costs was refused.