SNN v Department of Communities & Justice [2024] NSWDC 393

District Court New South Wales

Medium Neutral Citation: SNN v Department of Communities & Justice [2024] NSWDC 393 Hearing dates: 28 August 2024 Date of orders: 2 September 2024 Decision date: 02 September 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs [147]-[148] Catchwords: CHILD WELFARE – care and protection – final care orders reposed all aspects of parental responsibility for child in the Minister for Families, Communities and Disability Services – Mother's unsuccessful application for leave to appeal Children's Court's decision – appeal to District Court – whether 'significant change in circumstances' – evaluation of mandatory and additional considerations – whether arguable case STATUTORY INTERPRETATION – consideration of significance of recent amendments in the Children and Young Persons (Care and Protection) Act 1998 (NSW) in ss 9A(2)(b) and 10A(b)(1) to applications under s 90 of the Act Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 8, 9A, 10A, 71, 79, 90, 90(2A) - (2C), 90(2E) Cases Cited: C v Department of Communities and Justice [2021] NSWDC 479 In the matter of Campbell [2011] NSWSC 761 JL v Secretary, Department of Family and Community Services [2015] NSWCA 88 Re Jeremy [2017] NSWCA 220 Re Tracey [2011] NSWCA 43 S v Department of Community Services [2002] NSWCA 151 Texts Cited: Nil Category: Principal judgment Parties: The Mother (Plaintiff) The Secretary of the Department of Communities and Justice (Defendant) Representation: Counsel: Ms L Saw (Plaintiff) Ms G Bromwich (Solicitor Advocate, Defendant) Ms E Canning (Solicitor Advocate, Independent Legal Representative)