CAC v The Secretary, Department of Family and Community Services [2015] NSWCA 105

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CAC v The Secretary, Department of Family and Community Services [2015] NSWCA 105 Hearing dates: 10 April 2015 Decision date: 24 April 2015 Before: McColl JA at [1]; Basten JA at [11]; JC Campbell AJA at [17] Decision: Application for leave to appeal dismissed Catchwords: APPEAL – application for leave to appeal – parens patriae jurisdiction of Supreme Court unsuccessfully invoked – earlier interim care order made by Children's Court – no available statutory appeal from that order –change in circumstances since application for leave filed – final findings made by Children's Court as to need for protection – no utility in allowing leave to appeal

CHILD WELFARE – interim care order by Children's Court – parens patriae jurisdiction of Supreme Court invoked – whether Children's Court proper forum to determine best interests of children Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9(1), 43(1), 45, 71, 72, 247 Civil Procedure Act 2005 (NSW), ss 56, 71 Court Suppression & Non-publication Orders Act 2010 (NSW), s 7 Supreme Court Act 1970 (NSW), ss 69, 101(2)(r)

Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Cases Cited: AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855 Clyne v NSW Bar Association [1960] HCA 40; 104 CLR 186 Director-General, Family and Community Services re Felicity [2012] NSWCA 272 GKD v Director-General, Attorney General's Department; GKD v Director-General, Department of Family and Community Services [2012] NSWCA 219 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; 244 CLR 427 R v Baby S [2014] NSWSC 871 Re DG and the Adoption Act 2000 [2007] NSWCA 241; 244 ALR 195 Re Frances and Benny [2005] NSWSC 1207 Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Re Sarah [2013] NSWCA 379 Re Victoria [2002] NSWSC 647; 29 Fam LR 157 Category: Principal judgment Parties: CAC (Applicant) Secretary, Department of Family and Community Services (First Respondent) Children's Court of NSW (Second Respondent) NCP (Third Respondent) J (Fourth Respondent) C, T and S (Fifth Respondent) Minister for Family and Community Services (Sixth Respondent) Representation: Counsel: CR de Robillard (Applicant) Ms M Neville (First and Sixth Respondents) Submitting appearance (Second Respondent) B Kelly (Third Respondent) D Murray (Fourth Respondent) Ms M McMahon (Fifth Respondent)