SS v Department of Human Services (NSW) [2010] NSWDC 279

New South Wales District Court

CITATION: SS v Department of Human Services (NSW) [2010] NSWDC 279 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 6, 7, 8, 9, 10, 13, 14 September, and 15 November 2010

JUDGMENT DATE: 3 December 2010

JURISDICTION: Child Care Appeal

JUDGMENT OF: Johnstone DCJ

DECISION: Appeal dismissed and the orders of the Children's Court confirmed except for variations required to the contact orders and notations

CATCHWORDS: CHILDREN - Care Appeal - plaintiffs seeking restoration of two children removed from their care - whether children in need of care and protection - whether the youngest child sustained severe brain damage as a result of non-accidental shaking by one or other of the parents

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

Briginshaw v Briginshaw [1938] HCA 34 CASES CITED: Director General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 M v M [1988] HCA 88 S v Department of Community Services [2008] NSWDC (Unreported 12.12.20-08)

SS (First Plaintiff) PARTIES: CS (Second Plaintiff) Department of Human Services (First Defendant) GS (Second Defendant)

FILE NUMBER(S): 2009/334971

Ms M Castle (Plaintiffs) COUNSEL: Mr M W Anderson (First Defendant) Ms Rutkowska (Second Defendant) Ms Leis (Independent Representative for the children)

W G McNally Jones Staff (Plaintiffs) SOLICITORS: Crown Solicitor (First Defendant) Legal Aid (Second Defendant) Mark Whelan (Independent representative for the children)