R.C. and P.K. v The Secretary, Department of Communities and Justice [2024] NSWDC 85

District Court New South Wales

Medium Neutral Citation: R.C. and P.K. v The Secretary, Department of Communities and Justice [2024] NSWDC 85 Hearing dates: 4-5 April 2022, 3 June 2022, 19 September 2022, 6 April 2023, 5 July 2023, 5-6 September 2023, 8 September 2023, 4-15 March 2024 Date of orders: 22 March 2024 Decision date: 22 March 2024 Jurisdiction: Civil Before: Strathdee DCJ Decision: (1) The application for adjournment is refused. (2) The further hearing date of 30 April 2024 is confirmed. (3) The written submissions by the appellants are to be filed and served by 5 April 2024. (4) The written submissions by the defendant are to be filed and served by 12 April 2024. (5) The written submissions by the ILR are to be filed and served by 19 April 2024. (6) Any submissions in reply, are to be filed and served by 26 April 2024. (7) All submissions are to be forwarded by email to my Associate by the relevant due date. Catchwords: CHILD CARE APPEAL – Appeal from decision of the Children's Court – application for adjournment under s 94(4) of the Young Persons (Child and Protection) Act 1988 (NSW) – delay in proceedings generally Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW). Civil Procedure Act 2005 (NSW) Cases Cited: EK & WL v Director-General of the Department of Human Services & Ors [2010] NSWDC 248 Kestle v Director, Department of Family and Community Services [2012] NSWChC 2 Category: Procedural rulings Parties: R.C. and P.K. (Appellants/Plaintiffs) The Secretary, Department of Communities and Justice (Defendant/Respondent) Representation: Counsel: Mr Braine (for the Appellants/Plaintiffs) Mr Dean (for the Defendant/Respondent)