AB & JB v The Secretary & Ors [2021] NSWDC 626

District Court New South Wales

Medium Neutral Citation: AB & JB v The Secretary & Ors [2021] NSWDC 626 Hearing dates: 15, 16 & 17 November 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The order made by the Children's Court at Campbelltown on 21 July 2021 which refused the application by the maternal grandparents for leave to be joined to those proceedings, is set aside; 2. Pursuant to s 98(3) of the Children and Young Persons (Care and Protection) Act 1998, leave is granted to the maternal grandparents to be joined as additional parties to the proceedings that are presently before the Children's Court at Campbelltown; 3. The proceedings are remitted to the Children's Court at Campbelltown to be determined in accordance with Order (2) above; 4. The exhibits are to remain with the Court file; 5. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: CHILD CARE APPEAL – appeal from the order of the Children's Court refusing joinder of maternal grandparents in child care proceedings – refusal order set aside – leave granted for joinder Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, s 3, s 9, s 10A, s 91, s 93, s 94, s 98, s 105, s 107(1) Civil Procedure Act 2005 (NSW), s 58(2) Cases Cited: A v The Secretary, Family and Community Services [2015] NSWDC 307 Bell-Collins Children, Department of Family and Community Services [2015] NSWSC 701 D v C; Re B (No 2) [2018] NSWCA 310 EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226 EL & WL v Director General of the Department of Human Services [2010] NSWDC 248 Category: Principal judgment Parties: Maternal grandfather and grandmother (Appellants) Secretary, Department of Communities and Justice (First respondent) Mother (Second respondent) Father (Third respondent) Paternal grandfather (Fourth respondent) Rene Forshaw (Independent Legal Representative – Fifth respondent) Representation: Counsel: Ms R Dart (Appellants) Mr J Harris (First respondent) Ms L-M Saw (Second respondent) Ms G Mahony (Fifth respondent)