In the matter of Campbell [2011] NSWSC 761

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Campbell [2011] NSWSC 761 Hearing dates: 18 March 2011 Decision date: 10 June 2011 Jurisdiction: Equity Division Before: Slattery J Decision: Application for leave to vary or rescind the existing care order of 12 December 2008 refused. Catchwords: Application under Children and Young Persons (Care and Protection) Act 1998 ("the Care Act") for leave to vary or rescind existing care order made on 12 December 2008 - whether since the care order was made "there has been a significant change in any relevant circumstances": Care Act, s 90(2) - whether the plaintiff's claim that four matters are "relevant circumstances" that constitute "significant change" is established in this case - HELD - none of the matters the plaintiff identifies is a significant change in relevant circumstances - discretion to grant leave should not be exercised. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Adoption Act 2000 (NSW) Cases Cited: Bieganski, In the Marriage of; sub nom B, In Marriage of (1993) FLC 92-357 D v Director-General Department of Community Services (2005) 34 Fam LR 445 Department of Community Services, 12/12/2008, NSWDC, Unreported, Johnstone DCJ Director-General, Dept of Community Services v D & Ors (2007) 37 Fam LR 595 In the matter of Jasper [2006] CLN 2 Re Kurt, 20/9/10, Children's Court of NSW, unreported, Marien DCJ In the matter of Nerida [2002] CLN 7 In the matter of OM, ZM, BM and PM [2002] CLN 4 Infant, K & the Adoption of Children Act, Re [1973] 1 NSWLR 311 M v M (1988) 166 CLR 69 Mace v Murray (1955) 92 CLR 370 Re Anna [2010] NSWSC 1489 Re J, K and C [2002] 2 CLN 1 Re Saunders and Morgan & Anor v Re Tracey [2011] NSWCA 43 Shercliff & Anor v Engadine Acceptance Corp Pty Ltd [1978] 1 NSWLR 729 S v Department of Community Services [2002] NSWCA 151 Wilson v Department of Human Services; Category: Principal judgment Parties: Plaintiff- the mother, "KC" First defendant- Minister of Community Services Second defendant- Director-General, Department of Human Services Third defendant- the father, "SC" Fourth defendant- Ms Hall, Independent Legal Representative for the child Representation: Plaintiff and Third defendant- P Braine First defendant- W Hunt Fourth defendant- M Neville Second defendant- Julia Detheridge, NSW Crown Solicitor's Office Vicki Hall, V.L. Hall Lawyer File Number(s): 2010/334510 Publication restriction: Yes.