The Adoption of Edward (a pseudonym) [2022] NSWSC 1488

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of Edward (a pseudonym) [2022] NSWSC 1488 Hearing dates: 26 October 2022 Date of orders: 26 October 2022 Decision date: 01 November 2022 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: Orders and declarations made as set out at [1] Catchwords: ADOPTION – whether the child is an Aboriginal child – whether reasonable inquiries have been made as to whether the child to be placed for adoption is an Aboriginal child – whether consultation requirements under s 33 of the Adoption Act 2000 (NSW) satisfied – as child proposed to be placed with non-Aboriginal family whether requirements of s 35(3) of the Adoption Act satisfied – as child has one parent who identifies as Aboriginal and one who does not whether requirements of s 35(4) of the Adoption Act satisfied Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Family Law Act 1975 (Cth) Interpretation Act 1987 (NSW) Cases Cited: Adoption of BR [2018] NSWSC 1009 Angius v Salier; Angius v Angius [2017] NSWSC 198 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 25 Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83 R v Secretary of State for Social Services; Ex Parte Association of Metropolitan Authorities [1986] 1 WLR 1 Texts Cited: P Herzfeld and T Prince, Interpretation (2nd ed, 2020, Thomson Reuters) Category: Procedural rulings Parties: Secretary, New South Wales Department of Communities and Justice (Plaintiff) Representation: Solicitors: Crown Solicitor's Office (Plaintiff) File Number(s): 2022/280819 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW)