C v NSW Department of Communities and Justice [2021] NSWDC 479

District Court New South Wales

Medium Neutral Citation: C v NSW Department of Communities and Justice [2021] NSWDC 479 Hearing dates: 3 August 2021 (mention); 4 August 2021; 5 August 2021 (Newcastle) 12 August 2021 (Newcastle at Sydney) Date of orders: 1 September 2021 Decision date: 01 September 2021 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The appeal is dismissed. (2) The order of the Children's Court made on 10 November 2020 is confirmed. Catchwords: CHILD WELFARE – care and protection of children – care and protection orders – appeal from Children's Court to District Court – application by prior carer for leave to apply to the Children's Court to vary or rescind orders made Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Care and Protection) Amendment Act 2018 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Mental Health Act 2007 (NSW) Cases Cited: In re Jeremy [2017] NSWCA 220 In the matter of Campbell [2011] NSWSC 761 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 Tracey [2011] NSWCA 43 S v Department of Community Services [2002] NSWCA 151 Texts Cited: United Nations Convention on the Rights of the Child (1989) Category: Principal judgment Parties: Ms C (Plaintiff) New South Wales Department of Communities and Justice (First Defendant) Mr E (Second Defendant) Ms F (Third Defendant) Martin Reilly (Fourth Defendant – Independent Legal Representative) Representation: Counsel: In person (Plaintiff) S Mahony (First Defendant) Second defendant – no appearance Third defendant – in person M Reilly (Fourth Defendant – Independent Legal Representative)