Joy Alleyne as independent legal representative for LC v Director General Department of Community Services [2009] NSWDC 140

Reported Decision : 9 DCLR (NSW) 74

New South Wales District Court

CITATION: Joy Alleyne as independent legal representative for LC v Director General Department of Community Services [2009] NSWDC 140

HEARING DATE(S): 16 June 2009 EX TEMPORE JUDGMENT DATE : 16 June 2009

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

1. Appeal allowed DECISION: 2. Grant leave to seek a rescission or variation of the orders of the Children's Court 3. Direct matter be remitted to the Children's Court at Parramatta

CATCHWORDS: CHILDREN AND YOUNG PERSONS - Rescission or variation of care order - significant change in circumstances

LEGISLATION CITED: Children and Young Persons (Care & Protection) Act 1998

CASES CITED: S v The Department of Community Services [2002] NSWCA 151

Joy Alleyne as independant legal representative for LC (Appellant) PARTIES: Director General Department of Community Services (First Defendant/Respondent) The Minister for Comunity Services (Second Defendant/Respondent) JR (Third Defendant/Respondent)

FILE NUMBER(S): 2379 of 2009

J Alleyne, solicitor (Appellant) COUNSEL: P Guterres, solicitor advocate (First and Second Defendant/Respondent) D J Chapman, solicitor (Third Defendant/Respondent)

Alleyne & Co Solicitors, Woy Woy SOLICITORS: I V Knight, Crown Solicitor D J Chapman Solicitors, Gosford

JUDGMENT

1 HIS HONOUR: This is an appeal against a decision of the Children's Court at Woy Woy on 11 September last year, where the learned magistrate refused leave to the applicant, LC, to seek a rescission or variation of a care order made by the Children's Court on 11 April 2007.