De L v Director-General, NSW Department of Community Services (No 2)

The High Court of Australia considered a dispute concerning costs in *De L v Director-General, NSW Department of Community Services (No 2)*. The central issue revolved around the application of section 26 of the *Judiciary Act 1903* (Cth) in relation to costs, and whether its operation was limited or controlled by section 117 of the *Family Law Act 1975* (Cth) and regulation 7 of the *Family Law (Child Abduction Convention) Regulations* (Cth).

The court was required to determine whether regulation 7 of the *Family Law (Child Abduction Convention) Regulations* was invalid for want of "necessity" as contemplated by section 111B of the *Family Law Act*. Furthermore, the court had to consider the interplay between the general power to award costs under section 26 of the *Judiciary Act* and the specific provisions of the *Family Law Act* and its regulations.

The court confirmed the distinction between jurisdiction and discretion in relation to costs. It was held that section 26 of the *Judiciary Act* conferred a broad discretion on the court to award costs. The court found that the provisions of the *Family Law Act* and the Regulations did not operate to limit or control this discretion in the manner contended by the applicant. Consequently, the motion was dismissed. The orders stipulated that the respondent's costs were to be paid by the Attorney-General.