RC v Director-General, Department of Family and Community Services [2014] NSWCA 38

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: RC v Director-General, Department of Family and Community Services [2014] NSWCA 38 Hearing dates: 9 December 2013 Decision date: 07 March 2014 Before: McColl JA at [1] Emmett JA at [2] Sackville AJA at [68] Decision: The proceedings be dismissed. [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 - children in need of protection - guardianship of children - whether care order should have been made Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9, 44, 53, 54, 55, 56, 61, 71, 72, 79, 80, 83, 90, 91, 106A, 247 District Court Act 1973 (NSW), s 127 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Craig v South Australia (1995) 184 CLR 163 Re Anna, Bruno, Courtney and Deepak [2001] NSWSC 79 Re Victoria [2002] NSWSC 647 Category: Principal judgment Parties: RC (Appellant) The Director General, Department of Family and Community Services (First Respondent) District Court of New South Wales (Second Respondent) JS (Third Respondent) L Miller (as independent legal representative for Child C) (Fourth Respondent) Representation: Counsel: