NSW Caselaw
Reported Decision : 68 NSWLR 306
New South Wales Supreme Court
CITATION : Re Simon [2006] NSWSC 1410
HEARING DATE(S) : 12 December 2006
JUDGMENT DATE : 12 December 2006
JURISDICTION : Equity Adoption List
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 12/12/2006
DECISION : Child in question not an Aboriginal child.
CATCHWORDS : ABORIGINALS – general – construction of "Aboriginal person" in Aboriginal Land Rights Act 1983 (NSW) – requirement of lineal descent from inhabitants of Australia immediately before European settlement – FAMILY LAW AND CHILD WELFARE – CHILD WELFARE OTHER THAN UNDER FAMILY LAW ACT 1975 AND RELATED ACTS – adoption – construction of transitional provisions of Adoption Act 2000 – meaning of "placed with a view to adoption" – operation of Aboriginal child placement principles – operation of special consent provisions concerning placement of Aboriginal child for adoption – definition of "Aboriginal" in Adoption Act 2000 – PROCEDURE – Supreme Court procedure – Judge appointing himself as examiner – circumstance in which that Judge can dispense with requirement for concurrence of the senior judicial officer
Adoption Act 2000 LEGISLATION CITED : Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) Aboriginal Land Rights Act 1983 Uniform Civil Procedure Rules 2005
CASES CITED : Gibbs v Capewell (1995) 54 FCR 503 Shaw v Wolf (1998) 83 FCR 113
PARTIES : The Director-General of the Department of Community Services - Applicant
FILE NUMBER(S) : SC 14/06
COUNSEL : D Ward - Applicant M Falloon - Separate child's representative
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