S v Department of Family and Community Services [2014] NSWDC 86

District Court New South Wales

Medium Neutral Citation: S v Department of Family and Community Services [2014] NSWDC 86 Hearing dates: 3-6 June; 16, 17 and 20 December 2013; 26-28 February 2014 Decision date: 31 March 2014 Before: Knox SC DCJ Decision: Appeal is dismissed Catchwords: CIVIL law - care and protection Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 NSW Cases Cited: Director-General of Department of Community Services; Re Sophie [2008] NSWCA 250 Briginshaw v Briginshaw (1938) 60 CLR 336 Category: Principal judgment Parties: MS - appellant DFaCS - first defendant SS - second defendant Independent Legal Representative - third defendant Representation: Mr M Higgins - first defendant Mr J Longworth - third defendant Appellant - in person First defendant - Crown Solicitor's Office NSW Second defendant - in person Third Defendant - Verekers Lawyers File Number(s): 2012/229300 Publication restriction: None children and parties have been anonymised.

Judgment

Proceedings 1These proceedings come to this Court by way of an appeal from an order made on 22 June 2012 by a Children's Court Magistrate (his Honour Graham Blewitt AM) sitting in the Children's Court at Port Kembla. There were orders made for supervision, which are continuing to the present. They will expire - the last time for supervision will be June 2014. 2The mother's summons commencing the appeal was dated 19 July 2012. 3Pursuant to s 91 of the Children and Young Persons Care and Protection Act 1998 ("the Act"), these proceedings are by way of a re-hearing albeit by way of an appeal from a Children's Court Magistrate who made findings on the basis of evidence given and cross-examination. Leave is not required.