GR v The Department of Communities & Justice [2021] NSWSC 1081

Supreme Court New South Wales

Medium Neutral Citation: GR v The Department of Communities & Justice [2021] NSWSC 1081 Hearing dates: 5, 6, 7, 8, 9, 12, 13, 14, 15, 16 & 23 July, 4, 6 & 11 August 2021 Decision date: 27 August 2021 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See paras [863]-[869] Catchwords: CHILD WELFARE — Care proceedings — Care order — Appeal from care order of Children's Court — Application to set side Final Care Orders — Whether Children's Court had jurisdiction to make Final Care Orders — Best interests of the child — Whether child should be restored to the mother's care — Whether factors leading to assumption had been addressed Legislation Cited: Acts Interpretation Act 1987 (NSW) s 9 Adoption Act 2000 (NSW) s 126 Children's Court Act 1987 (NSW) s 22A Children's Court Regulation 2019 (NSW) cl 5 Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 8, 9, 44, 60, 71, 72, 79, 82, 83, 86, 90, 91, 93, 99C, 233, 247 Evidence Act 1995 (NSW) ss 69, 140 Family Law Act 1975 (Cth) s 69ZK Supreme Court Act 1970 (NSW) s 23 United Nations Convention on the Rights of the Child 1989 Cases Cited: A v Secretary, Department of Communities and Justice (No. 4) [2019] NSWSC 1872 Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542 Allesch v Maunz (2000) 203 CLR 172 Barghouthi v Transfield Pty Ltd [2002] FCA 666; 122 FCR 19 Bell-Collins Children v Secretary, Department of Family and Community Services (No. 2) [2016] NSWSC 853 Briginshaw v Briginshaw (1938) 60 CLR 337; [1938] HCA 34 Clark v State of New South Wales (No 2) [2006] NSWSC 914 Director-General, Department of Community Services; Re Thomas (2009) 41 Fam LR 220; [2009] NSWSC 217 Flightdeck Geelong Pty Ltd v All Options Pty Ltd [2020] FCAFC 138 Fox v Percy (2003) 214 CLR 118 Galea v Galea (1990) 19 NSWLR 263 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWCA 177 GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWSC 1073 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWSC 1146 GR v Secretary, Department of Families, Disabilities and Community Services (No 2) [2020] NSWCA 198 GR v Secretary, Department of Community and Justice (No 3) [2020] NSWSC 259 GR v Secretary, Department of Family and Community Services and Justice & Ors [2020] NSWSC 607 GR v The Department of Communities & Justice and Ors [2020] NSWSC 1622 GR v The Department of Communities & Justice [2021] NSWSC 983 GR v The Department of Communities & Justice [2021] NSWSC 1013 GR v Secretary, Department of Communities and Justice [2021] NSWCA 51 GR v Secretary, Department of Communities and Justice; Secretary, Department of Communities and Justice v BW (a pseudonym) [2021] NSWCA 157 Hackett (a pseudonym) v Secretary, Department of Communities and Justice (2020) 379 ALR 248; [2020] NSWCA 83 Hamod v NSW [2011] NSWCA 375 JE v Secretary, Department of Communities and Justice (No 2) [2020] NSWCA 243 Johnson v Page [2007] Fam CA 1235 M v M (1988) 166 CLR 69 MacPherson v The Queen (1981) 147 CLR 512; [1981] HCA 46 NU v Secretary of Family and Community Services (NSW) (2017) 95 NSWLR 577; [2017] NSWCA 221 Rajski v Scitec Corporation Pty Ltd (Court of Appeal, 16 June 1986, unreported) Samuels JA R v Gidley (1984) 3 NSWLR 168 R v Zorad (1991) 19 NSWLR 1 Re AB (No 2) [2019] NSWSC 566 Re Baby A [2008] FamCA 417 Re Georgia and Luke (No 2) (2008) 40 Fam LR 247; [2008] NSWSC 1277 Re M; Application of YA [2014] NSWSC 1736 Secretary of Department of Community Services; Re "Sophie" [2008] NSWCA 250 Secretary, Department of Health and Community Services v JWB and SMH (Marion's Case) (1992) 175 CLR 218 SL v Secretary, Department of Family and Community Services [2016] NSWCA 124 Texts Cited: Report of the Special Commission of Inquiry into Child Protection Services in NSW, November 2008 Category: Principal judgment Parties: GR (a pseudonym) (plaintiff) Department of Communities & Justice (first defendant) Minister for Families, Communities & Disability Services (second defendant) The Father (third defendant) Independent Legal Representative for the child Representation: Counsel: Dr D Kell SC, M Anderson (first & second defendants) Ms E Stolier (Independent Legal Representative for the child)