Director General Department of Human Services; Re M [2011] NSWSC 369

Supreme Court New South Wales

Medium Neutral Citation: Director General Department of Human Services; Re M [2011] NSWSC 369 Hearing dates: 6, 7, 8 and 13 April 2011 Decision date: 03 May 2011 Jurisdiction: Equity Division - Adoption List Before: Hallen AsJ Decision: (a) It is in M's best interests that an adoption order should be made now, in preference to any other course of action. (b) It is in the best interests of M, to make a consent dispense order under s 67(i)(d) of the Act in respect of each of M's natural parents. (c) It is in M's interests that he be given the surname of his adoptive parents. (d) Orders as sought by the Plaintiff in the Summons. Catchwords: Application for the adoption of a child in favour of a married couple - Father of the child opposes orders - Mother of the child does not consent but did not appear at the hearing. Application for an order dispensing with the consent of the natural parents under s 67(1)(d) of the Adoption Act 2000 (NSW) and consequential orders regarding the name of the child. Legislation Cited: Adoption Act 2000 (NSW) Adoption Amendment Act, 2008 Children and Young Persons (Care and Protection) Act 1998 Civil Procedure Act 2005 Family Law Act 1975 (Cth) Mental Health Act (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Application of A; Re D [2006] NSWSC 1056 Application of O and P [2005] NSWSC 1297; (2005) 34 Fam LR Application of PL, re TB and FB [2007] NSWSC 665 B (A Minor), Re [2001] UKHL 70 at [16]; [2002] 1 All ER 641. C v XYZ County Council [2007] EWCA Civ 1206; [2008] Fam 54 Cairns v Cairns [2006] NSWSC 364 Caldar v Public Trustee of NSW (Master McLaughlin, 27 October 2004, unreported) Director-General, Dept of Community Services v D & Ors [2007] NSWSC 762 Evelyn; Re [1998] FamCA 55 H, in the Marriage of (1995) FLC 92-599 K (a minor); Re (ward: care and control) [1990] 3 All ER 795 Kress, in the Marriage of [1976] FLC Mace v Murray [1955] HCA 2; (1955) 92 CLR 370 New South Wales Department of Community Services v Y [1999] NSWSC 644 Peter; Re [2009] NSWSC 697 Rice v Miller (1993) 16 Fam LR 970 Category: Principal judgment Parties: Director-General, Department of Human Services, (now called the Department of Family and Community Services) (Plaintiff) NJ (first Defendant) JP (second Defendant) Representation: Counsel: Ms S Christie (Plaintiff) Father - Mr P (in person) Mother - Ms J (no appearance) Solicitors: Crown Solicitor's Office (NSW) (Plaintiff) Father - Mr P (in person) Mother - Ms J (no appearance) File Number(s): A61/2010