Department of Communities and Justice (DCJ) and the Barnett Children [2020] NSWChC 5

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and the Barnett Children [2020] NSWChC 5 Hearing dates: 18 March and 22 April 2020 Date of orders: 22 April 2020 Decision date: 28 May 2020 Before: Children's Magistrate Virgo Decision: The joinder application is dismissed Catchwords: CHILDREN – Care and protection – joinder - application under s 98(3) of the Children and Young Persons (Care and Protection) Act 1998 – safety, welfare and well-being of the children – whether the Court should exercise its discretion – delay - arguable case - authorised carer – children under the care of the Minister - jurisdiction for review of removal of children from authorised carer Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Children and Young Persons (Care and Protection) Amendment Act 2018 Inclosed Lands Act 1987 (NSW) Cases Cited: Bell-Collins v Secretary, Department of Family and Community Services [2015] NSWSC 701 EL & WL v Director-General of the Department of Human Services & Ors [2010] NSWDC 248 GO v Secretary, Department of Family and Community Services [2017] NSWDC 198 EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226 Category: Principal judgment Parties: The Applicant, Felicity Barnett, the children's Grandmother The Secretary, Department of Communities and Justice The Children's Mother, Elizabeth Barnett The Children's Fathers, Neil Dempster and Jason Baxter The Children Representation: Ms Pennicott, solicitor for the Applicant Ms Foster, solicitor for the Secretary Ms Carruthers, solicitor for the Mother Ms Hale, solicitor for Mr Dempster, father of Danielle Barnett Ms Flynn, solicitor, Independent Legal Representative for Danielle and Jack (ILR) File Number(s): 2018/00058215 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties