NSW Caselaw
New South Wales Supreme Court CITATION : Re W & the Adoption of Children Act [1999] NSWSC 662 CURRENT JURISDICTION : Equity Division Adoptions List FILE NUMBER(S) : 80168/98 HEARING DATE(S) : 21/06/99 JUDGMENT DATE : 21 June 1999
PARTIES : LKW (Applicant) JUDGMENT OF : Young J
COUNSEL : Applicant: M W Anderson Solicitor for Department of Community Services: D Smith SOLICITORS : Applicant: T A Murphy (Legal Aid Commission of NSW) Department of Community Services: I V Knight (Crown Solicitor) CATCHWORDS : Family Law [133]- Adoption- Aunt applicant- Immigration status of child a factor- Adoption order made ACTS CITED : Adoption of Children Act 1965, s 17 CASES CITED : Re B [1998] TLR 173 Re B [1999] 2 WLR 714 DECISION : Adoption order made
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
YOUNG, J
MONDAY 21 JUNE 1999
80168/98 - RE W AND THE ADOPTION OF CHILDREN ACT
JUDGMENT
1 HIS HONOUR : This is an application by an aunt to adopt her niece. It was made, in the first instance, to me in private chambers on 10 December 1998. I was not happy with the application for a number of reasons. The application was made by a single woman which, although permissible, is something that one has to look at carefully. It was made by an aunt in respect of her niece, which can raise complicated issues regarding family relationships. It appeared to be made with the prime object of getting an advantage under the immigration laws and there were certain matters affecting the applicant which needed deeper consideration.
2 I deferred the matter for further evidence to be placed before me, and whilst that was happening the Court of Appeal in England decided Re B [1998] TLR 173, noted in 73 ALJ 109, which seemed to suggest that the immigration factor was of overriding importance. However, that decision was reversed by the House of Lords in Re B [1999] 2 WLR 714, and, when that report became available to me on 9 April, I notified the applicant's solicitor of the fact that the Court of Appeal decision had been reversed.
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