LV v Secretary of Department of Communities and Justice [2022] NSWDC 43

District Court New South Wales

Medium Neutral Citation: LV v Secretary of Department of Communities and Justice [2022] NSWDC 43 Hearing dates: 28 February 2022 – 1 March 2022 Date of orders: 4 March 2022 Decision date: 04 March 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 179 Catchwords: FAMILY LAW AND CHILD WELFARE – application for contact orders by biological mother – her child is permanently cared for by his maternal aunt, and her family, in Queensland – Department's application to transfer child protective care to the Chief Executive of the Queensland Department of Children Youth Justice and Multicultural Affairs – appeals from decisions of Children's Court of NSW transferring care orders to Queensland and refusing the mother's contact application – whether appeal against decision to transfer care orders is out of time and cannot be extended - Children and Young Persons (Care and Protection) Act 1998 (NSW), s 231K(2) and (3) - whether contact order under s 86 should be made in circumstances where care of the child is to be transferred to Queensland Department – whether contact order should be made in any event – proper approach to appeal under s 91 with reference to the way the parties conducted their cases Legislation Cited: Child Protection Act 1999 (Qld) ss 13, 61, 86, 87 Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 61, 90, 91, 86, 231 Privacy Act 1988 (Cth) Uniform Civil Procedural Rules 2005 (NSW) r 6.2 Cases Cited: Lunney v DPP (2021) 105 NSWLR 236 George v Children's Court of NSW [2003] NSWCA 389 Texts Cited: Nil Category: Principal judgment Parties: The mother (plaintiff) Secretary of Department of Communities and Justice (defendant) Representation: Plaintiff, in person Ms J Wong, Solicitor Advocate for the defendant Ms D Neligan, Independent Legal Representative File Number(s): 2021/00209322 Publication restriction: Children and Young Persons names anonymised in accordance with s 105 of the children and Young Persons (Care and Protection) Act 1998 (NSW). The mothers and primary caretakers names also anonymised. Decision under appeal Court or tribunal: Children's Court of NSW Jurisdiction: Children's Court Date of Decision: 25 June 2021 Before: Magistrate Sheedy File Number(s): 2017/329411