JH v Secretary, Department of Communities & Justice & Ors (No.3) [2023] NSWDC 517

District Court New South Wales

Medium Neutral Citation: JH v Secretary, Department of Communities & Justice & Ors (No.3) [2023] NSWDC 517 Hearing dates: 13, 14, 15, 16 November 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [268] – [270] Catchwords: CHILDREN – care and protection – appeal from Children's Court – whether children were in need of protection from mother – whether realistic possibility of restoration to mother within a reasonable period – adequacy of permanent planning Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 8, 9(1), 9(2), 10A, 71(1), 72(1), 72(2), 73(1), 73(7), 78(1), 78(2), 78(2A), 78A(1), 78A(3), 79(1),79(3), 80, 82, 83(1), 83(5), 83(7), 83(7A), 83(8A), 91(1)-(8), 93(3), 93(4) Evidence Act 1995 (NSW), s 79, 128, 140(2) Cases Cited: Director General Department of Communities & Justice v Dessertaine [2003] NSWSC 972 JH v Secretary, Department of Communities & Justice & Ors [2023] NSWDC 30 JH v Secretary, Department of Communities & Justice & Ors (No.2) [2023] NSWDC 317 JL v Secretary Department of Family and Community Services [2015] NSWCA 88 Re Alistair [2006] NSWSC 411 Re Tanya [2016] NSWSC 794 Secretary, Department of Communities and Justice and Fiona Farmer [2019] NSWChC 5 Category: Principal judgment Parties: JH (First plaintiff - mother) The Secretary, Department of Communities & Justice (Defendant) Ms Goodsell with Ms Ito and (Independent Legal Representative for the children the subject of the appeal) Representation: Counsel: Plaintiff in person Mr B Dean (Secretary) Ms L Goodsell and Ms E Ito (Independent Legal Representative for the children the subject of the appeal)