SM v DOCS [2009] NSWDC 33

New South Wales District Court

CITATION: SM v DOCS [2009] NSWDC 33

HEARING DATE(S): 6 February 2009 EX TEMPORE JUDGMENT DATE : 6 February 2009

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

1. Grant SM leave to file appeal within 28 days DECISION: 2. Grant SG leave to file appeal within 28 days 3. Grant leave to each applicant to file a cross summons within 28 days

CATCHWORDS: FAMILY LAW AND CHILD WELFARE - CHILDREN'S COURT - Procedural fairness - right to cross examine

Civil Procedure Act 2005 LEGISLATION CITED: Uniform Civil Procedure Rules 2005 Children and Young Persons (Care & Protection) Act 1998

Jankowski v The Department of Community Services Syme ADCJ 4 November 2008 CASES CITED: Stead v State Government Insurance Commission (1986) 67 ALR 21 re Katherine [2004] NSWSC 899

SM (Applicant) Director General, Department of Community Services (Respondent) PARTIES: CG (Respondent) KG (Respondent) SG (Respondent/Applicant)

FILE NUMBER(S): 5152 of 2008

D Chapman, solicitor (SM) COUNSEL: M Anderson (DOCS) E Moran, solicitor (Independent Legal Representative for CG and KG) D Barry (SG)

D J Chapman Solicitors, Gosford (SM) SOLICITORS: I V Knight, Crown Solicitor (DOCS) Coast Law, Gosford (CG and KG) Grant and Co Solicitors, Gosford (SG)

JUDGMENT

1 HIS HONOUR: This is an application by SM for leave to appeal out of time against an order of the Children's Court at Woy Woy on 22 August last year. The orders were made in relation to two children: KG, born in 2005, and CG, born in 2003. There is also an application before me by SG, who is the natural father of the children, for leave to appeal out of time.