CS & TC v Secretary, Department of Communities and Justice & Anor [2021] NSWDC 16

District Court New South Wales

Medium Neutral Citation: CS & TC v Secretary, Department of Communities and Justice & Anor [2021] NSWDC 16 Hearing dates: 2 February 2021 Date of orders: 17 February 2021 Decision date: 17 February 2021 Jurisdiction: Civil Before: R. J. Weber SC DCJ Decision: (1) That the summons be dismissed; (2) That leave to make an application for rescission or variation of the care order be refused; and (3) That the decision of the Children's Court dated 10 September 2020 be affirmed. Catchwords: APPEAL — CHILD WELFARE — Care proceedings — Care order Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Family Law Act 1975 Cases Cited: JL v Secretary, Department of Family and Community Services [2015] NSWCA 88 In the Matter of Campbell [2011] NSWSC 761 at [38] M v M (1988) 166 CLR 69 Re Kerry (No 2) [2012] NSWCA 127 S v Department of Community Services [2002] NSWCA 151 Category: Principal judgment Parties: CS (First Plaintiff) TC (Second Plaintiff) Secretary, Department of Communities and Justice (First Defendant) Sharon Moore, Independent Legal Representative for the Children (Second Defendant) Representation: Counsel: Mr B Dean (First & Second Plaintiffs) Mr M Anderson (First Defendant/Secretary) Mr Graham (Independent Legal Representative)