"V V" v District Court of New South Wales [2013] NSWCA 469

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: "V V" v District Court of New South Wales [2013] NSWCA 469 Hearing dates: 20 November 2013 Decision date: 23 December 2013 Before: Barrett JA (at [1]); Ward JA (at [129]); Leeming JA (at [130]) Decision: 1. That the summons filed on 17 May 2013 in proceedings 2013/153942 be dismissed. 2. That the plaintiff named in that summons pay the costs of the Director-General Department of Family and Community Services (second defendant) and the Child's independent legal representative (third defendant) of the proceedings in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: FAMILY LAW AND CHILD WELFARE - Child welfare under State legislation - Proceedings relating to care and protection - Application for allocation of parental responsibility determined by Children's Court - Appeal to District Court - Appeal dismissed and order of Children's Court allocating parental responsibility to the Minister confirmed - Application by father for judicial review of decision of District Court on appeal - JUDICIAL REVIEW - Application for order in the nature of certiorari in respect of District Court decision on appeal - Whether jurisdictional error - Whether error of law on the face of the record - Whether court correctly construed and applied various provisions of the Children and Young Persons (Care and Protection) Act 1998. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Supreme Court Act 1970 Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 In the matter of Campbell [2011] NSWSC 761 Jenkins v Director of Public Prosecutions [2013] NSWCA 406 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Citizenship v Buasdromo [2012] FCAFC 101; (2012) 129 ALD 1 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; (2010) 190 FCR 248 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 12; (1999) 197 CLR 611 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) [2004] HCA 32; (2004) 78 ALJR 992 Re Jayden [2007] NSWCA 35 Re Kerry (No 2) [2012] NSWCA 127; (2012) 47 Fam LR 212 Re Linda [2011] NSWSC 1596 Re M (No 5) - BM v Director-General, Department of Family and Community Services [2013] NSWCA 253 Re Sophie [2008] NSWCA 250 Steed v Minister for Immigration and Ethnic Affairs (1981) 37 ALR 620 X v The Sydney Children's Hospitals Network [2013] NSWCA 320 Category: Principal judgment Parties: Child's father ("V V") (Plaintiff) District Court of New South Wales (First Defendant) Director-General, Department of Family and Community Services (Second Defendant) Independent Legal Representative for the Child (Third Defendant) Child's Paternal Aunt (Fourth Defendant) Child's Mother (Fifth Defendant) Representation: Counsel: Child's Father ("V V") in person (Plaintiff) Mr M W Anderson (Second Defendant) Mr P J Braine (Third Defendant) Child's Paternal Aunt in person (Fourth Defendant) Solicitors: Child's Father ("V V") in person (Plaintiff) I V Knight, Crown Solicitor - submitting appearance (First Defendant) I V Knight, Crown Solicitor (Second Defendant) Kathryn Renshall Solicitors (Third Defendant) Child's Paternal Aunt in person (Fourth Defendant) File Number(s): 2013/153942 Decision under appeal Date of Decision: 2013-04-19 00:00:00 Before: Flannery DCJ File Number(s): 2009/00334551