Re June [2013] NSWSC 969

Supreme Court New South Wales

Medium Neutral Citation: Re June [2013] NSWSC 969 Hearing dates: 09/07/2013 Decision date: 09 July 2013 Jurisdiction: Equity Division Before: McDougall J Decision: Orders of Children's Court quashed. Remit matter to be heard according to law and by a different magistrate. Catchwords: CHILD WELFARE - care proceedings - application by foster carers challenging decision of the Children's Court - whether magistrate erred in failing to admit relevant evidence - where unadmitted evidence raised significant issues - need to weigh advantages of admitting probative evidence against disadvantages of admitting improperly obtained evidence - whether magistrate failed to comply with s 9(2)(c) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) - whether magistrate failed to properly apply s 79(3) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) - where indication that magistrate regarded time as a dispositive consideration in decisions to admit evidence

CHILD WELFARE - care proceedings - where an Act confers opportunity to be heard on matters of significant impact - whether foster carers were entitled to that opportunity - what constitutes an opportunity to be heard - Children and Young Persons (Care and Protection) Act 1998 (NSW) s 87

CHILD WELFARE - care proceedings - whether foster carers have standing to seek relief under s 69 Supreme Court Act 1970 (NSW) - if not, whether manifest defects in hearing before and reasons of Children's Court constitute "exceptional circumstances" - whether Supreme Court may, in the exercise of parens patriae jurisdiction, grant relief under s 69 Supreme Court Act 1970 (NSW) Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Maksimovic v Walsh [1983] 2 NSWLR 656 Re Bailey & Blake (No 2) [2012] NSWSC 394 Re Kerry (No 2) [2012] NSWCA 127 Re Tracey [2011] NSWCA 43 Category: Principal judgment Parties: Foster Father (First Plaintiff) Foster Mother (Second Plaintiff) Director General, Department of Family and Community Services (First Defendant) Father (Second Defendant) Child (Third Defendant) Mother (Fourth Defendant) Representation: Counsel: M W Anderson / J Longworth (Plaintiffs) G W Moore / V Tzatzagos (First Defendant) L J Sproston (Second and Fourth Defendants) C Spain (Independent Legal Representative) Solicitors: Neil Jones Solicitors (Plaintiffs) NSW Crown Solicitors (First Defendant) Thompson Madden Solicitors (Second and Fourth Defendant) Longman Hill Solicitors (Independent Legal Representative) File Number(s): 2013/199535