DN v Secretary, Department of Communities and Justice [2023] NSWSC 595

Supreme Court New South Wales

Medium Neutral Citation: DN v Secretary, Department of Communities and Justice [2023] NSWSC 595 Hearing dates: 26 April 2023 Date of orders: 2 June 2023 Decision date: 02 June 2023 Jurisdiction: Equity Before: Kunc J Decision: Amended summons dismissed Catchwords: CHILD WELFARE — Jurisdiction — Children's Court of New South Wales — Care order — Variation —Where children outside of New South Wales Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Interpretation Act 1987 (NSW) Cases Cited: DRZ v Barnardos Australia [2020] NSWCATAP 47 Hollingsworth v Commissioner of Police (2007) 160 IR 456; [2007] NSWIRComm 7 Laurie v Carroll (1958) 98 CLR 310; [1958] HCA 4 LK v Director-General, Department of Community Services (2009) 237 CLR 582; [2009] HCA 9 Owners of Ship Shin Kobe Maru v Empire Shipping Co Inc (1994) 181 CLR 404; [1994] HCA 54 Re Felicity; FM v Secretary, Department of Family and Community Services (No 3) [2014] NSWCA 226 S v Department of Community Services [2002] NSWCA 151 S v Department of Community Services [2002] NSWCA 151 Sidhu v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1459 TF v Department of Family & Community Services [2015] NSWSC 694 Waterside Workers' Federation of Australia v J W Alexander Ltd (1918) 25 CLR 434 Texts Cited: M Leeming, Authority to Decide: The Law of Jurisdiction in Australia (2nd ed, 2020, Federation Press) Category: Principal judgment Parties: DN (Plaintiff) Secretary, Department of Communities and Justice (First Defendant) CT (Second Defendant) Mr A (Third Defendant) Ms L (Fourth Defendant) Children's Court of New South Wales (Fifth Defendant) Representation: Counsel: Mr M Green SC with Mr B Dean (Plaintiff) Dr D Kell SC with Mr C McGorey (First Defendant) Solicitors: NLS Law (Plaintiff) Crown Solicitors (First Defendant) File Number(s): 2022/359509 Publication restriction: Names pseudonymised Decision under appeal Court or tribunal: Children's Court of New South Wales Jurisdiction: New South Wales Citation: N/A Date of Decision: 16 June 2022 Before: Children's Magistrate McCarron File Number(s): 2020/126155; 227-228/09