D.C. v. Director General, Department of Family and Community Services & Ors [2011] NSWDC 191

District Court New South Wales

Medium Neutral Citation: D.C. v. Director General, Department of Family and Community Services & Ors [2011] NSWDC 191 Hearing dates: 21 November 2011 Decision date: 05 December 2011 Before: Colefax SC DCJ Decision: 1). Pursuant to UCPR 13.4 the Summons filed 12 August 2011 is dismissed. 2). No order as to costs to the intent that each party bears its own costs. Catchwords: Summary dismissal - No reasonable cause of action Legislation Cited: Children and Young Persons (Care and Protection) Act Cases Cited: Re Alistair [2006] NSWSC 411; GA v The Director General, Department of Humans Services & Ors [2011] NSWDC 57; S v The Department of Community Services [2002] NSWCA 151 Category: Procedural and other rulings Parties: The Father (Plaintiff); Director General, Department of Family and Community Services (First Defendant); The Mother (Second Defendant); Independent Legal Representative for the Child (Third Defendant) Representation: Mr. Anderson of counsel for the first defendant; Plaintiff in person; No appearances by the second and third defendants. File Number(s): 2011/260534

Judgment 1On 12 August 2011 the plaintiff filed a Summons seeking to appeal a decision of the Children's Court made on 15 July 2011. 2On 1 November 2011 the Director General of the Department of Family and Community Services filed a Notice of Motion seeking: first, a declaration that the court had no jurisdiction in respect of the subject matter of the proceedings in the Children's Court until "final orders" were made; and secondly, an order that the Summons be dismissed as an abuse of process. 3The Director General's application is supported by the second defendant (the mother of the child) and the third defendant (the independent legal representative of the child). The application is opposed by the plaintiff.