CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855

Supreme Court New South Wales

Medium Neutral Citation: CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855 Hearing dates: 15 and 22 December 2014 Decision date: 24 December 2014 Jurisdiction: Common Law Before: Lindsay J Decision: Proceedings dismissed Catchwords: FAMILY AND CHILD WELFARE - Protective (parens patriae) jurisdiction - Welfare of children paramount - Interim care order of Children's Court challenge - Whether exceptional circumstances warranting intervention - No ground for intervention - Best interests of children favour maintenance of Children's Court proceedings - Supreme Court proceedings dismissed.

ADMINISTRATIVE LAW - Judicial review - No ground made out - Relief discretionary - engagement with protective (parens patriae) jurisdiction - Welfare of children paramount - Proceedings dismissed. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 NSW Children's Court Act 1987 NSW Civil Procedure Act 2005 NSW Evidence Act 1995 NSW Guardianship Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW. Supreme Court Act 1970 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Ability One Financial Management Pty Limited and Anor v JB by his tutor AB [2014] NSWSC 245 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 at 81-82 [65] CCR v PS (No 2) (1986) 6 NSWLR 622 at 640 Director-General, Department of Community Services; Re Thomas [2009] NSWSC 217 E (Mrs) v Eve (also known as Re Eve) [1986] 2 SCR 388 at 407 et seq; 31 DLR 4th) 1 at 13 et seq. Ho v NSW Public Guardian [2013] NSWSC 1788 at [15]-[16]; JPT v DST [2014] NSWSC 1735 Johnson v Director-General of Social Welfare (Victoria) (1976) 135 CLR 92 at 97 and 100 JS [2014] NSWCA 441 at [46], in Re Anna, Bruno, Courtney and Deepak [2001] NSWSC 79 at [20]-[22] JS v Secretary, Department of Family and Community Services [2014] NSWCA 441 M v M [2013] NSWSC 1495 at [50](n) RAP v AEP [1982] 2 NSWLR 508 at 512 C-D Re Baby S [2014] NSWSC 871 Re Eve [1986] 2 SCR 388 407-417; (1986) 31 DLR 4th) 1 at 14-21 Re Felicity; FM v Secretary, Department of Family and Community Services (No 3) [2014] NSWCA 226 Re Francis and Benny [2005] NSWSC 1207 Re Frieda and Geoffrey [2009] NSWSC 133; 40 Fam LR 608 Re Jayden [2007] NSWCA 35 at [75] and [77]-[79] Re Kerry (No 2) - Costs [2012] NSWCA 194 Re Victoria [2002] NSWSC 647; 29 Fam LR 157 at [37]-[40] Re WM (a person alleged to be of unsound mind) (1903) 3 SR (NSW) 552 Roberts v Balancio (1987) 8 NSWLR 436 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 VV" v District Court of NSW [2013] NSWCA 469 Wellesley v Duke of Beaufort (1827) 2 Russ 1 at 20; 38 ER 236 at 243 X v The Sydney Children's Hospitals Network (2013) 85 NSWLR 294 at 311 [75]-[78] Texts Cited: HS Theobald, The Law Relating to Lunacy (Stevens & Sons, London, 1924), pp 59-60 Category: Principal judgment Parties: Plaintiff: CAC (Father) First Defendant: Secretary, Department of Family & Community Services Second Defendant: Children's Court of NSW Third Defendant: NCP (Mother) Fourth Defendant: J (eldest child) Fifth Defendants: C, T and S (younger children) Sixth Defendant: Minister for Family and Community Services Representation: Counsel: Plaintiff: CR de Robillard First and Sixth Defendants: M Neville Third Defendant: B Kelly Fourth Defendant: D Murray Fifth Defendants: M McMahon