SJ and Ors v Department of Community Services [2008] NSWDC 347

New South Wales District Court

CITATION: SJ and Ors v Department of Community Services [2008] NSWDC 347

HEARING DATE(S): 18/11/08

JUDGMENT DATE: 25 November 2008

JURISDICTION: Civil

JUDGMENT OF: Norrish QC DCJ

DECISION: Appeal dismissed.

CATCHWORDS: CIVIL - appeal - care orders made in the Children's Court - ss 90, 91 Children and Young Persons (Care & Protection) Act 1998 - significant change in relevant circumstances - powers of the District Court on appeal from the Children's Court

LEGISLATION CITED: Children and Young Persons (Care & Protection) Act 1998 Children (Care and Protection) Act 1987

Re: Edwards [2001] NSWSC 284 CASES CITED: Stevens v Langham (District Court of New South Wales, Ainslie-Wallace J, 28/11/2003, unreported) The Matter of Jasper (2006) CLN2 (30/01/2006) The Matter of Jack (Magistrate Hunt, 26/09/2002, unreported)

SJ & JO - Appellants PARTIES: Department of Community Services - Respondent C & L - Respondent

FILE NUMBER(S): 16/07

COUNSEL: Mr Anderson - Respondent

SOLICITORS: Mr Kozera - Appellants Mr Boyd - (Independant legal representation for C & L)

JUDGMENT

Introduction

1 HIS HONOUR: In this matter the applicants SJ, the father, Mr and Mrs J, the paternal grandparents and JO, the mother, of the subject children, appeal the decision of the Armidale Children's Court of December last year, refusing leave to entertain an application for variation or recision of care orders made in the Children's Court in respect of the children on 7 December 1999 and 5 August 2002.

2 The order of the Children's Court, the subject of the current appeal, was made on 6 December 2007. In the conduct of the appeal, the applicants are represented, as is the Director-General of the Department of Community Services, representing the Department and/or the Minister. The children were separately represented.