FQT v Key Assets (No 2) [2022] NSWCATAD 417

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FQT v Key Assets (No 2) [2022] NSWCATAD 417 Hearing dates: 23 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: (1) The application by Key Assets to revoke the orders made by the Tribunal on 22 December 2022 is dismissed. (2) The time for Key Assets to comply with direction 3 made by the Tribunal on 22 December 2022 is extended to 7pm on 23 December 2022. (3) On finding that these proceedings significantly affect children, namely [the children], it is hereby ordered under s 45(4A) (b) of the Civil and Administrative Tribunal Act 2013 that [the children] be separately represented. Note: The Registrar will request that Legal Aid New South Wales provide a separate representative for [the children] (4) The Registry is to notify the Secretary, Department of Communities and Justice, of these proceedings and provide to them a copy of the applications and orders made to date. The Secretary, Department of Communities and Justice, is to advise the Tribunal and the parties, in writing, by 10 January 2023, of the Secretary's views to being joined as a party. Catchwords: INTERLOCUTORY – stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care - restoration Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Cases Cited: FQT v Key Assets (No 1) [2022] NSWCATAD 416 Category: Procedural rulings Parties: FQT (Applicant) Key Assets (Respondent) Representation: Solicitors: Care Legal (Respondent) File Number(s): 2022/383122 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act (2013), prohibiting the publication or broadcast of the name of the applicant, any person who appears as a witness and any child referred to in these proceedings.