Bell-Collins Children v Secretary, Department of Family and Community Services [2015] NSWSC 701

Supreme Court New South Wales

Medium Neutral Citation: Bell-Collins Children v Secretary, Department of Family and Community Services [2015] NSWSC 701 Hearing dates: 2 June 2015 Date of orders: 02 June 2015 Decision date: 02 June 2015 Jurisdiction: Equity Division - Protective List Before: Slattery J Decision: Order made to join applicants as parties to participate in the the proceedings on a limited basis. Catchwords: FAMILY LAW AND CHILD WELFARE – appeal from decision of Presidential Children's Court – application by great grandparents for joinder in proceedings – distinction between Children and Young Persons (Care and Protection) Act 1998, ss 87 and 98 – whether applicants had a "genuine concern for the safety, welfare and well-being" of the children – whether Court should exercise its discretion under Children and Young Persons (Care and Protection) Act 1998, s 87(3) to allow applicants to appear in proceedings and cross-examine witnesses – order to join applicants to proceedings made on terms Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, ss 87, 91(5), 98(3) Children's Court Act 1987, s 22A Children's Court Regulation 2014, r 5 Civil Procedure Act 2005, s 86 Uniform Civil Procedure Rules ("UCPR"), r 6.24 Cases Cited: Beveridge v Dontan Pty Ltd (1990) 23 NSWLR 13 Department of Family and Community Services (NSW) and the Bell-Collins Children [2014] NSWChC 5 EL & WL v Director-General of the Department of Human Services [2010] NSWDC 248 Re Campbell [2011] NSWSC 761 Re June (No 2) [2013] NSWSC 1111 Wakim v Mathiew Pty Ltd t/as Dove Migration Services [2002] NSWSC 405 Category: Procedural and other rulings Parties: The Mother and the Father First Defendant: Secretary, Department of Family and Community Services Second Defendant: The Minister, Department of Family and Community Services Third Defendant: Independent Legal Representative for the Children Representation: Counsel: First and Second Defendant: M.W. Anderson Solicitors: First Plaintiff/children's father: in person Second Plaintiff/children's mother: in person Third Defendant: Ms L. Robinson, for the Children File Number(s): 2014/325110 Publication restriction: No