KH v Secretary, Department of Communities and Justice [2021] NSWDC 498

District Court New South Wales

Medium Neutral Citation: KH v Secretary, Department of Communities and Justice [2021] NSWDC 498 Hearing dates: 24, 25 August; 18 September; 1, 23 October; 6, 20 November; 4 December 2020; 1 April, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14 May and last submissions 16 July 2021 Date of orders: 21 September 2021 Decision date: 21 September 2021 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [652] for orders Catchwords: CHILD CARE APPEAL – rehearing of child care and protection proceedings where final orders were made in the absence of the child's mother in the Children's Court at Port Kembla on 4 March 2019 – finding that procedural fairness was not afforded to the mother – finding made pursuant to s 83(2) and s 83(8A) of Children and Young Persons (Care and Protection) Act 1998 concerning the existence of a realistic possibility of the child the subject of the appeal being restored into the parental responsibility of the appellant within a reasonable period – requirement for an Amended Care Plan to be prepared to reflect findings before final orders are made – interim preservation of orders made by Children's Court pending final orders Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, Pt 1, Pt 2, s 9, s 10A, s 28, s 78A, s 79, s 83, s 84, s 90, s 91, s 93, s 94, s 99B, s 105, s 107 Civil Procedure Act 2005 (NSW), s 26 UCPR Sch 7, cl 3(e) Cases Cited: D v C; Re B (No 2) [2018] NSWCA 310 The Secretary of the Department of Communities and Justice (DCJ) and Fiona Farmer [2019] NSWChC 5 Vaccaro v MLC Limited [2016] NSWDC 85 Category: Principal judgment Parties: KH (Appellant) Secretary, Department of Communities and Justice (Respondent 1) No appearance for second respondent father No appearance for third respondent grandmother Mr D Schier, Independent Children's Representative Representation: Counsel: In Person (Appellant) Mr B Dean (Respondent 1) Mr D Schier, solicitor (Independent Legal Representative)