JS v Secretary, Department of Family and Community Services [2014] NSWCA 441

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: JS v Secretary, Department of Family and Community Services [2014] NSWCA 441 Hearing dates: 24/10/2014 Decision date: 19 December 2014 Before: Emmett JA at [1]; Sackville AJA at [42]; Adamson J at [60] Decision: Summons filed on 13 May 2014 be dismissed with costs. [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: ADMINISTRATIVE LAW - judicial review - appeal from Children's Court to the District Court - no appeal against judgment on statutory appeal to the District Court - whether error of law on the face of the record or jurisdictional error established

FAMILY LAW AND CHILD WELFARE - child welfare under state legislation - contact orders - whether the primary judge erred in making non-binding "notations" providing for contact rather than contact orders - whether the primary judge provided sufficient reasons for his decision - Children and Young (Care and Protection) Act 1998 (NSW), s 86 Legislation Cited: Child Protection Legislation Amendment Act 2014 (NSW), Sch 1, cll [57]-[60] Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9, 86, 90, 247 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Cases Cited: Brimelow v Sharpe [2012] NSWCA 345 Craig v South Australia [1995] HCA 58; 184 CLR 163 Dranichnikov v Minister for Immigration and Ethnic Affairs [2003] HCA 26; 77 ALJR 1088 Kirk v Industrial Court (NSW) [2010] HCA 1; 239 CLR 531 Re Anna, Bruno, Courtney and Deepak [2001] NSWC 79 Re Felicity; FM v Secretary, Department of Family and Community Services (No 3) [2014] NSWCA 226 Reimers v Health Care Complaints Commission [2012] NSWCA 317 Re Liam [2005] NSWSC 75 S v Department of Family and Community Services (District Court (NSW), Elkaim SC DCJ, 12 February 2014, unrep) Solution 6 Holdings Ltd v Industrial Relations Commission of New South Wales [2004] NSWCA 200; 60 NSWLR 558 Texts Cited: M Aronson and M Groves, Judicial Review of Administrative Action, (5th ed 2013, Lawbook Co) Category: Principal judgment Parties: Mr JS (Applicant) Secretary, Department of Family and Community Services (First Respondent) Ms SM (Second Respondent) Peter Braine (Third Respondent - independent legal representative for Child A) District Court of New South Wales (Fourth Respondent) Representation: Counsel: Applicant (self-represented) M Anderson (First Respondent) L Saw (Second Respondent) P Braine (Third Respondent) Submitting appearance (Fourth Respondent) Solicitors: Applicant (self-represented) Crown Solicitor's Office (NSW) (First Respondent) Hansen Legal (Second Respondent) Crown Solicitor's Office (NSW) (Fourth Respondent) File Number(s): 2014/144280 Publication restriction: See [2] Decision under appeal Date of Decision: 2014-02-12 00:00:00 Before: Elkaim SC DCJ File Number(s): 2013/171536