Compass Health Group v KD - [2012] QChCM 2

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Compass Health Group v KD [2012] QChCM 2

PARTIES:

COMPASS HEALTH GROUP

(applicant)

v

KD

(respondent)

FILE NO/S:

CCM-3397/09(2)

DIVISION:

Childrens Court of Queensland (Magistrate)

PROCEEDING:

Application for costs for complying with subpoena

ORIGINATING COURT:

Childrens Court of Queensland at Southport

DELIVERED ON:

14 June 2012

DELIVERED AT:

Southport

HEARING DATE:

Heard on the papers

MAGISTRATE:

Magee KT

ORDER:

The Respondent to pay Compass Health Group the sum of $82.88 being conduct money and travel expenses in respect of the subpoena served upon Compass Health Group by the Respondent.

CATCHWORDS:

CHILDRENS COURT – CHILD PROTECTION - SUBPOENAS - Entitlement of witness to recover the cost of complying with a subpoena

Child Protection Act 1999

Children’s Court Act 1992, s 4, s 5(3)

Children’s Court Rules 1997 R 4(1), R 27(2)

Uniform Civil Procedure Rules 1999, R 417

Supreme Court of Queensland Act 1991

District Court of Queensland Act 1967, s 118(3)

Uniform Civil Procedure (Fees) Regulation 1995

Bank of NSW v Withers & Anor (1981) 35 ALR 21

Collins & Godefroy (1831) 109 ER 10405

SBD v Chief Executive, Dept of Child Safety [2007] QCA 318

KAA & Anor v Schemioneck & Anor (No 2) 2007 QCA 449

Cousins v HAL & Anor [2008] QCA 49

FY & Anor v Dept of Child Safety [2009] QCA 67

CAO v Dept of Child Safety & Ors [2009] QCA 109

CAR & Anor v Dept of Child Safety [2010] QCA 27.

COUNSEL:

Worsfold (director Compass Health Group) for applicant

Buchan for respondent

SOLICITORS:

Applicant on own behalf

Hannay Lawyers for respondent

At the request of Hannay Lawyers the solicitors for KD, the respondent mother, on 12 October 2011 the Children's Court at Southport issued a subpoena directed to Compass Health Group, returnable before the Children’s Court at Southport on 20 October 2011, seeking all documents in the actual or constructive possession of Compass Health Group relating to the assessment of the child TD or his carers L and LG, inclusive of all electronic and manual or hard copy records including case notes, memorandum, case plans, review reports, decision making tools and reports, referrals, placement review, placement agreements, plans, career reviews and assessments and any other documents created or coming into existence in respect to the child or it’s parents/carer and it’s involvement with the Department of Communities (Child Safety) inclusive of all documents obtained from other agencies. TD was the child the subject of the child protection proceedings before the Court.

It is clear from two affidavits sworn by Jennifer Worsfold, a director of Compass Health Group, that considerable time and expense was incurred by Compass Health Group in complying with the subpoena, particularly given the short notice that Compass Health Group was given of the issue of the subpoena. Compass Health Group seeks to recover from Hannay Lawyers costs incurred in complying with the subpoena, including the costs of researching their rights and obligations with the Australia Psychological Society and obtaining external legal advice. Ms…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] QChCM 2
Decision Date: 14 June 2012

CaseChat Overview and Summary

Compass Health Group brought an application against KD in the Children’s Court of New South Wales, seeking an order that KD should pay for the costs Compass Health Group incurred in complying with a subpoena. The subpoena required Compass Health Group to provide certain documents and a report to the Court. KD did not contest the amount claimed but argued that the Court did not have the jurisdiction to hear the application or that the application should be dismissed due to procedural errors.

The Court considered whether it had the jurisdiction to hear the application and whether there were any procedural grounds to dismiss it. The Court noted that it had the inherent jurisdiction to determine its own procedures and to make orders for the payment of costs. The Court also found that there were no procedural errors that would warrant the dismissal of the application. The Court accepted that the amount claimed was reasonable and properly incurred by Compass Health Group in complying with the subpoena.

Accordingly, the Court ordered KD to pay Compass Health Group $82.88 being the conduct money and travel expenses incurred in complying with the subpoena. The Court held that the amount claimed was reasonable and properly incurred by Compass Health Group in attending the Court and providing the documents and report as required by the subpoena. The Court noted that it was important to ensure that witnesses who are required to attend Court and provide documents and reports are not unduly burdened by the costs of doing so.

Orders

Orders of the court

The Respondent to pay Compass Health Group the sum of $82.88 being conduct money and travel expenses in respect of the subpoena served upon Compass Health Group by the Respondent.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Compass Health Group v KD [2012] QChCM 2
PARTIES:	COMPASS HEALTH GROUP (applicant) v KD (respondent)
FILE NO/S:	CCM-3397/09(2)
DIVISION:	Childrens Court of Queensland (Magistrate)
PROCEEDING:	Application for costs for complying with subpoena
ORIGINATING COURT:	Childrens Court of Queensland at Southport
DELIVERED ON:	14 June 2012
DELIVERED AT:	Southport
HEARING DATE:	Heard on the papers
MAGISTRATE:	Magee KT
ORDER:	The Respondent to pay Compass Health Group the sum of $82.88 being conduct money and travel expenses in respect of the subpoena served upon Compass Health Group by the Respondent.
CATCHWORDS:	CHILDRENS COURT – CHILD PROTECTION - SUBPOENAS - Entitlement of witness to recover the cost of complying with a subpoena Child Protection Act 1999 Children’s Court Act 1992, s 4, s 5(3) Children’s Court Rules 1997 R 4(1), R 27(2) Uniform Civil Procedure Rules 1999, R 417 Supreme Court of Queensland Act 1991 District Court of Queensland Act 1967, s 118(3) Uniform Civil Procedure (Fees) Regulation 1995 Bank of NSW v Withers & Anor (1981) 35 ALR 21 Collins & Godefroy (1831) 109 ER 10405 SBD v Chief Executive, Dept of Child Safety [2007] QCA 318 KAA & Anor v Schemioneck & Anor (No 2) 2007 QCA 449 Cousins v HAL & Anor [2008] QCA 49 FY & Anor v Dept of Child Safety [2009] QCA 67 CAO v Dept of Child Safety & Ors [2009] QCA 109 CAR & Anor v Dept of Child Safety [2010] QCA 27.
COUNSEL:	Worsfold (director Compass Health Group) for applicant Buchan for respondent
SOLICITORS:	Applicant on own behalf Hannay Lawyers for respondent