David White v The Director-General Department of Human Services, Ms Green and Ms Wells (Independent Children's Lawyer) [2011] NSWDC 106

District Court New South Wales

Medium Neutral Citation: David White v The Director-General Department of Human Services, Ms Green and Ms Wells (Independent Children's Lawyer) [2011] NSWDC 106 Decision date: 12 May 2011 Jurisdiction: Civil Before: Cogswell SC DCJ Decision: See [111] Catchwords: CIVIL LAW - appeal against care orders made by the Children's Court - whether the children are in need of care and protection - whether there is a realistic possibility of restoration - paramountcy principle - whether basic needs are likely to be met - allegation of sexual abuse by father from eldest child - another child engaging in sexualised behaviour - several children 'high needs' - financial stability of parents - suitability of accommodation - parenting skills - father's anger management issues - desire of eldest child to remain with carer - construction of s 9(2)(c) of Children and Young Persons (Care and Protection) Act 1998 "child...and...family" - Re Tracey distinguished Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 s 9, s 61, s 72, s 79, s 80, s 83, s 91 Consumer, Trader and Tenancy Tribunal Act 2001 s 67 Crime (Appeal and Review) Act 2001 s 28 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Director-General of Department of Community Services; Re Sophie [2008] NSWCA 250 M v M (1988) 166 CLR 69 Re Tracey [2011] NSWCA 43 Category: Principal judgment Parties: David White Director-General Department of Human Services Ms Green Ms Wells (Independent Children's Lawyer) Representation: Mr P Braine for Mr White and MsGreen Mr M Higgins for the Director-General Ms M Barnett for the Independent Children's Lawyer File Number(s): 2009/2715