DFaCS and the Youngest M Children [2014] NSWChC 4

Children's Court New South Wales

Medium Neutral Citation: DFaCS and the Youngest M Children [2014] NSWChC 4 Hearing dates: 3 and 4 June 2014 at Wagga Wagga Decision date: 10 July 2014 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: Leave to bring an application for rescission of the previous care orders refused Catchwords: CHILDREN - Care and Protection - application for leave to apply under s 90 of the Care Act for rescission of final Care orders - whether there has been a significant change in any relevant circumstances since the final Care orders were made - if so, whether leave should be granted having taken into account the matters specified in s 90(2A) - whether there is an arguable case Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Dempster v National Companies and Securities Commission (1993) 9 WAR 215 Department of Family and Human Services (NSW) re Amanda & Tony [2012] NSWChC 13 DFaCS re Oscar [2013] NSWChC 1 Director-General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 In the matter of Campbell [2011] NSWSC 761 In the matter of OM, ZM, BM and PM [2002] CLN 4 Johnson v Page [2007] Fam CA 1235M v M [1988] HCA 68 Kestle v Department of Family and Community Services [2012] NSWChC 2 Re M (No 5) - BM v Director-General, Department of Family and Community Services [2013] NSWCA 253 Re Tina [2002] CLN 6S v Department of Community Services (DoCS) [2002] NSWCA 151 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 Category: Principal judgment Parties: Secretary of the Department of Family and Community Services (DFaCS) RM, HM and ZM (The youngest M Children) Ms M (Mother) Mr B (Father of RM and HM) Mr S (Father of ZM) Representation: Mr T Allen of counsel, instructed by Ms C Samuels, solicitor, for the Secretary The mother, in person Ms Rowley, solicitor, for Mr B Mr S, in person Ms D Garwell, solicitor, as the Independent Legal Representative for the children File Number(s): 2013/42-44 Publication restriction: Initials have been used in order to anonymise the children and parties