Re Greta [2012] NSWSC 294

Supreme Court New South Wales

Medium Neutral Citation: Re Greta [2012] NSWSC 294 Hearing dates: 21.03.12, 22.03.12 Decision date: 02 April 2012 Before: Nicholas J Decision: Par 1 Catchwords: JUDICIAL REVIEW - certiorari - whether Children's Court failed to consider properly an application for leave to apply for rescission of a care order - whether open to determine whether significant changes in any relevant circumstances - whether failure to consider plans for the children - whether error on face of record Legislation Cited: Child and Young Persons (Care and Protection) Act 1998 Supreme Court Act 1970 Cases Cited: Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Re Campbell [2011] NSWSC 761 S v Department of Community Services [2002] NSWCA 151 Category: Principal judgment Parties: Ms B - plaintiff Director-General, Department of Family and Community Services - first defendant Minister for Family and Community Services - second defendant Children's Court of New South Wales, Campbelltown - third defendant Craig Harvey - fourth defendant Greta, Isabella, Jack - fifth defendants Representation: Counsel: P R Glissan - plaintiff G Moore - first and second defendants Submitting appearance - third defendant No appearance - fourth defendant P J Braine - fifth defendants Solicitors: In person - plaintiff I V Knight, Crown Solicitor - first, second and third defendants No appearance - fourth defendant Rowley & Associates Solicitors - fifth defendants File Number(s): 12/17168