CM v Secretary, New South Wales Department of Communities and Justice [2020] NSWSC 1740

Supreme Court New South Wales

Medium Neutral Citation: CM v Secretary, New South Wales Department of Communities and Justice [2020] NSWSC 1740 Hearing dates: 5 November 2020 Date of orders: 5 November 2020 Decision date: 05 November 2020 Jurisdiction: Equity Before: Rees J Decision: Refuse interlocutory application to return child to mother under parens patriae jurisdiction. Catchwords: Parens patriae – mother seeks return of child – interim care orders made by Children's Court – Children's Court proceedings part-heard. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 44, 69, 90AA Cases Cited: Director-General of the Department of Community Services v Priestley [2004] NSWSC 639 GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 Hospital v Baby M [2020] NSWSC 1481 J v C [1970] AC 668 R v Gyngall [1893] 2 QB 232 Re Anna, Burno Courtney and Deepak [2001] NSWSC 79 Re Frances and Benny [2005] NSWSC 1207 Re Frieda and Geoffrey [2009] NSWSC 133; (2009) 40 Fam LR 608 Re Joel [2013] NSWSC 1299 Re M (No 4) - BM v Director-General, Department of Family and Community Services (named Department of Community Services in Summons) [2013] NSWCA 97 Re O'Hara [1900] 2 IR 23 Re Victoria [2002] NSWSC 647; (2002) 29 Fam LR 157 Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218; [1992] HCA 15 Wellesley v The Duke of Beaufort (1827) 2 Russ 1 at 20 Texts Cited: David Tune AO PSM, Independent Review of Out of Home Care in New South Wales (2015) The Hon. James Wood AO QC, Report of the Special Commission of Inquiry into Child Protection Services in NSW (2008) Category: Principal judgment Parties: CM (Plaintiff, in person with the assistance of Professor D Kenny) Secretary, New South Wales Department of Communities and Justice (First Defendant) Minister for Families, Communities and Disability Services (Second Defendant) The Child (Third Defendant) Representation: CM (Plaintiff, self-represented) Professor D Kenny (Plaintiff's McKenzie Friend)