“B” v The Secretary, Department of Family and Community Services [2015] NSWDC 267

District Court New South Wales

Medium Neutral Citation: "B" v The Secretary, Department of Family and Community Services [2015] NSWDC 267 Hearing dates: 4 November 2015 Date of orders: 13 November 2015 Decision date: 13 November 2015 Jurisdiction: Civil Before: Levy SC DCJ Decision: Pursuant to s 90(2) of the Children and Young Persons (Care and Protection) Act 1998, leave is granted to the applicant to apply to vary or to rescind the orders made by the Children's Court on 4 June 2014. Catchwords: CHILD CARE APPEAL – application for leave to vary or rescind previous orders made by Children's Court Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, s 9, s 90, s 91, s 105 Cases Cited: In the matter of Campbell [2011] NSWSC 761 Re Saunders v Morgan & Anor v Dept of Community Services, 12 December 2008, NSWDC, unreported Category: Principal judgment Parties: Secretary, Department of Family & Community Services (FaCS) "B" -The child "C" - Mother of the child (Applicant) "D" - The father of the child Representation: Counsel: Ms M Neville (FaCS) Mr M Boys (Solicitor for the applicant mother) The father - In Person Ms H Manson (Solicitor, independent legal representative of the child) File Number(s): 2015/108981 Publication restriction: Restriction on publication of names: s 105 of the Children and Young Persons (Care and Protection) Act 1998

Judgment

Table of Contents Suppression order [1] Litigation pseudonyms [2] Application for leave to appeal [3] – [6] Representation on the appeal [7] Applicable principles [8] – [13] Evidence on the appeal [14] – [16] Factual background [17] – [27] Consideration [28] – [43] Orders [44]