In re a Child [2022] NSWSC 671

Supreme Court New South Wales

Medium Neutral Citation: In re a Child [2022] NSWSC 671 Hearing dates: 17 May 2022 Decision date: 24 May 2022 Jurisdiction: Common Law Before: Hammerschlag CJ in Eq Decision: Leave to the applicant to appear in person in the proceedings refused Catchwords: Family law and child welfare – Children and Young Persons (Care and Protection) Act 1998 (NSW) s 98(3) – application by paternal aunt for leave to appear in person in care proceedings – whether leave should be granted – approach to be taken to applications for the grant of leave – HELD – leave refused Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226 EL & WL v Director-General of the Department of Human Services & Ors [2010] NSWDC 248 Category: Procedural rulings Parties: Applicant / Aunt Plaintiff / Father Secretary, Department of Communities and Justice - First Defendant Second Defendant / Mother Third Defendant / Child Representation: Counsel: M Anderson - Applicant / Aunt C Cassimatis - Plaintiff / Father E Fitzgerald (solicitor) - First Defendant E Windsor - Second Defendant / Mother BJ Dean (Direct Legal Representative) - Third Defendant / Child

Solicitors: Nicole Evans Lawyers - Applicant / Aunt HepMac Laywers - Plaintiff / Father Crown Solicitors - First Defendant Koulouris & Associates - Second Defendant / Mother Deputy CEO, Legal Aid Commission of NSW - Third Defendant / Child File Number(s): 2021/230485