Secretary, New South Wales Department of Communities and Justice; Re “K” and “M” (No 2) [2022] NSWSC 1244

Supreme Court New South Wales

Medium Neutral Citation: Secretary, New South Wales Department of Communities and Justice; Re "K" and "M" (No 2) [2022] NSWSC 1244 Hearing dates: 30 August 2022 Date of orders: 30 August 2022 Decision date: 15 September 2022 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: Orders made under the parens patriae jurisdiction making children wards of the Court and delegating parental responsibility to the Secretary Catchwords: ADOPTION – interim orders under s 84 of the Adoption Act 2000 (NSW) – whether such orders can only be made when adoption application pending – whether such orders can be made when an adoption order is contemplated but not yet made – whether necessary to exercise the parens patriae jurisdiction Legislation Cited: Adoption Act 2000 (NSW) Adoption of Children Act 1965 (NSW) Adoption of Children (Amendment) Act 1980 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of NV [2015] NSWSC 2135 App: Director General of DOCS – Child: BCD [2003] NSWSC 1040 Application by Director-General, Department of Community Services; Re L (a child) (2008) 71 NSWLR 343; [2008] NSWSC 235 Re Alice [2021] NSWSC 700 Re Liam [2009] NSWSC 643 Secretary, New South Wales Department of Communities & Justice; Re 'K' and 'M' [2021] NSWSC 1314 Texts Cited: Explanatory Memoranda, Adoption Bill 2000 (NSW) New South Wales, Parliamentary Debates, Legislative Council, 26 March 1980 Category: Principal judgment Parties: Secretary, New South Wales Department of Communities and Justice (Applicant) Representation: Solicitors: Crown Solicitor's Office (Applicant) File Number(s): 2021/247232 2021/244372 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW)