Re M (No 8) [2016] NSWSC 641

Supreme Court New South Wales

Medium Neutral Citation: Re M (No 8) [2016] NSWSC 641 Hearing dates: On the papers Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Equity Before: Robb J Decision: (1) Extend, pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 50.3(1)(c), the time for the plaintiff to file the summons in these proceedings to 15 December 2014 (2) Order that the claims for relief in the plaintiff's summons are otherwise dismissed Catchwords: CIVIL PROCEDURE -- HELD extension of time for plaintiff to file her summons for leave to appeal under s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) (the Care Act) granted

CHILDREN – judgments and orders – application for leave to apply for the rescission or variation of care orders under s 90 of the Care Act – completion of proceedings the subject of the judgment in Re M (6): [2016] NSWSC 170 – HELD plaintiff has not demonstrated that her conduct is likely to change in a way that would justify the court in exploring the answers to the questions set out at [194] of the principal judgment – questions not considered – plaintiff's application dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Re M (No 6) [2016] NSWSC 170 Category: Consequential orders (other than Costs) Parties: BM (plaintiff) Department of Family & Community Services (first defendant) MB (second defendant) MS (third defendant) RM (fourth defendant) HM (fifth defendant) ZM (sixth defendant) Representation: Counsel: A Allen (first defendant) P Braine (second defendant) R Dart (third defendant) C Wilson (fourth, fifth and sixth defendant)