Palmer v State of New South Wales [2021] NSWSC 1226

Supreme Court New South Wales

Medium Neutral Citation: Palmer v State of New South Wales [2021] NSWSC 1226 Hearing dates: 14 September 2021 Date of orders: 30 September 2021 Decision date: 30 September 2021 Jurisdiction: Common Law Before: Garling J Decision: 1. Parties to prepare short minutes of the Court's orders. 2. Vacate the hearing date of 1 October 2021. 3. List the proceedings for further directions before Garling J on 8 October 2021. Catchwords: CIVIL PROCEDURE – Pleadings – matter to proceed by way of Statement of Claim not by Summons – application to transfer proceedings to Equity Division – application refused Legislation Cited: Child Welfare Act 1939 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Tepko Pty Ltd v Water Board [2001] HCA19; (2001) 206 CLR 1 Tomko v Palasty (No.2) [2007] NSWCA 369 Texts Cited: Not Applicable Category: Procedural rulings Parties: Kathleen Palmer (P) State of New South Wales (D) Representation: Counsel: A McQuiillan (P) T Buterin (D)

Solicitors: M Buckley (P) Crown Solicitors Office D) File Number(s): 2021/161565 Publication restriction: Not Applicable

Judgment 1. Kathleen Palmer ("the plaintiff") was born in 1967. Her father has never been identified. In October 1973, because her mother, with whom she lived, was murdered, the plaintiff was brought before the Children's Court when, on 4 October 1973, an order was made committing her to the care of the relevant Minister as a Ward of the State of New South Wales. 2. In December 1973, on the application of Mrs Liliane Schwarz, the plaintiff was placed into the care of Mrs Schwarz and her husband, Mr Irwin Schwarz, who lived in Queensland. At the time of that placement, Mrs Schwarz identified herself as the plaintiff's maternal aunt. 3. On 5 June 1974, the Director of the Queensland Department of Children's Services made a declaration pursuant to the Queensland legislation, assuming the guardianship of the plaintiff from the NSW Minister for Youth and Community Services. 4. The plaintiff alleges that she was mistreated by Mrs Schwarz, including being physically assaulted, whilst she was living with the Schwarz family. She also alleges that she was sexually abused by their son, Edwin Schwarz, commencing in late 1976 when she was 9, and continuing through to 1982.