KB v Burrun Dalai Corporation Inc [2025] NSWSC 103

Supreme Court New South Wales

Medium Neutral Citation: KB v Burrun Dalai Corporation Inc [2025] NSWSC 103 Hearing dates: 19 February 2025 Date of orders: 25 February 2025 Decision date: 25 February 2025 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: Summons dismissed Catchwords: CHILDREN AND YOUNG PERSONS – PARENS PATRIAE – Proceedings by plaintiffs to have children restored to their care and allocation of parental responsibility for the children to them – Where the subject children were removed from the care of the plaintiffs following receipt of allegations of sexual abuse perpetrated by the first plaintiff against another child previously in the care of the plaintiffs of which the second plaintiff was allegedly made aware but took no steps – Where those allegations have been investigated and considered to have been substantiated, and there is an extant "interim bar" placed by the third defendant preventing the plaintiffs from working with children – HELD: Not an appropriate occasion for the Court to exercise its parens patriae jurisdiction Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children's Guardian Act 2019 (NSW) Cases Cited: M v M (1988) 166 CLR 69 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Tilly v Minister for Family and Community Services [2015] NSWSC 1208 Re Victoria (2002) 29 Fam LR 157; [2002] NSWSC 647 Roberts v Balancio (1997) 8 NSWLR 436 Category: Principal judgment Parties: KB (First Plaintiff) LM (Second Plaintiff) Burrun Dalai Corporation Inc (First Defendant) Secretary, Department of Communities and Justice (Second Defendant) Office of the Children's Guardian (Third Defendant) Representation: Counsel: MW Anderson (Second and Third Defendant)