Adoption of ‘A’ [2020] NSWSC 1533

Supreme Court New South Wales

Medium Neutral Citation: Adoption of 'A' [2020] NSWSC 1533 Hearing dates: 6 August 2020 Date of orders: 11 August 2020 Decision date: 11 August 2020 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: The Court Declares: 1. That the child [A], born [redacted], is an Aboriginal child pursuant to s 4(2) of the Adoption Act. 2. That upon the expiration of the interim order made in favour of the Principal Officer on 19 August 2019, the Secretary, New South Wales Department of Communities and Justice, has parental responsibility for [A] pursuant to s 75 of the Adoption Act 2000. Catchwords: FAMILY LAW – Children – Adoption – Whether the child is an Aboriginal child pursuant to s 4(2) of the Adoption Act FAMILY LAW – Children – Adoption – Whether a declaration should be made to the effect that the Secretary holds parental responsibility for the child pursuant to s 75 of the Adoption Act – Where an interim order had been made in favour of the plaintiff pursuant to s 84 but was soon to expire – Discussion as to interplay between ss 75, 79, 84 and 85 of the Adoption Act and whether s 75 could be satisfied notwithstanding the earlier order under s 84 – Whether the plaintiff was "a person whose consent to the adoption of the child is required" for the purposes of s 75(1)(a) Legislation Cited: Adoption Act 2000 (NSW) s 4, 8, 34, 35, 52, 67(1)(c), 75, 79, 84, 85 Evidence Act 1995 (NSW) Cases Cited: Application of Director-General, Department of Family and Community Services; Re AP [2013] NSWSC 562 Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83 Helen Fischer & Anor v Ashley Thompson and Others (Anonymised) [2019] NSWSC 773 Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 36 FLR 482 Rich v Lennox Palms Estates [2010] NSWCA 242 Sudath v Health Care Complaints Commission (2012) 84 NSWLR 474 The King v The War Pensions Entitlement Appeal Tribunal; Ex parte Bott [1933] HCA 30; (1933) 50 CLR 228 Texts Cited: n/a Category: Principal judgment Parties: Susan Madden, Principal Officer, Anglicare Adoption Services (plaintiff) Birth mother (first defendant) Birth father (second defendant) Representation: Counsel: J Harris (plaintiff) No appearance for first and second defendant