LM v Secretary, Department of Communities and Justice [2021] NSWDC 34

District Court New South Wales

Medium Neutral Citation: LM v Secretary, Department of Communities and Justice [2021] NSWDC 34 Hearing dates: 1 June 2020; 3 June 2020 (Newcastle); 30 November 2020-1 December 2020 (Sydney); 8 February 2021 (Sydney) (submissions) Date of orders: 24 February 2021 Decision date: 24 February 2021 Jurisdiction: Civil Before: Dicker SC DCJ (at Newcastle and Sydney) Decision: (1) The appeal is allowed in relation to A. (2) The appeal is dismissed in relation to B. (3) The orders of the Children's Court dated 26 September 2019 in relation to A are set aside. (4) Leave is granted to the plaintiff pursuant to s 86 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) to make a substantive application for contact orders in relation to A. (5) The proceedings are remitted to the Children's Court of New South Wales at Broadmeadow for hearing of the substantive application under s 86 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) by the plaintiff for contact orders in relation to A. Catchwords: CHILD WELFARE – care and protection of children – contact orders – appeal from Children's Court to District Court – application for leave to bring application for contact orders by mother of children –whether appropriate to grant leave sought – relevance of views of children – utility of granting leave Legislation Cited: Courts Suppression and Non-Publication Orders Act 2010 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) United Nations Convention on the Rights of the Child (1989) Cases Cited: GR v The Department of Communities & Justice [2020] NSWSC 1622 JL v Secretary, Department of Family and Community Services [2015] NSWCA 88 LZ v Secretary, Department of Family and Community Services [2019] NSWDC 156 Re M (No 6) [2016] NSWSC 170 Re Tracey (2011) NSWLR 261; [2011] NSWCA 43 S v Department of Community Services [2002] NSWCA 151 Category: Principal judgment Parties: LM (Plaintiff) Secretary, Department of Communities & Justice (First Defendant) A by his guardian ad litem (Second Defendant) B (Third Defendant) Representation: Counsel: B Dean (Plaintiff) G F Mahony (First Defendant) N Callander and later K Phillips (solicitor) (Second Defendant) W Strang (solicitor) then L Ticehurst (Third Defendant) A L Roberts (solicitor) – withdrew (former Fifth Defendant)