The Secretary, Department of Family and Community Services v Allana Pearl Smith [2016] NSWSC 1384

Supreme Court New South Wales

Medium Neutral Citation: The Secretary, Department of Family and Community Services v Allana Pearl Smith [2016] NSWSC 1384 Hearing dates: Wednesday, 7 September 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Equity Before: Brereton J Decision: Refer para 29 Catchwords: FAMILY LAW AND CHILD WELFARE – where injunction granted ex parte preventing publication of information that child is under parental responsibility of Minister – whether injunction should be continued on interlocutory basis – application of (NSW) Children and Young Persons (Care and Protection) Act 1998, s 105 – held, not sufficient to support injunction – parens patriae – scope –recognition that child entitled to keep private involvement in and association with care proceedings – best interests of the child – public interest – information already in public domain – held, there is a serious question to be tried – held, on balance of convenience injunction be continued on interlocutory basis until hearing Legislation Cited: (NSW) Children and Young Persons (Care and Protection) Act 1998, s 105 (NSW) Children (Care and Protection) Act 1986, s 68 (UN) Convention on the Rights of the Child, Article 16 (CTH) Family Law Act 1975 Cases Cited: Commonwealth of Australia v John Fairfax & Sons Ltd (1980) 147 CLR 39 Department of Health and Community Services (NT) v JWB and SMB (1992) 175 CLR 218; [1992] HCA 15 Gee v Pritchard (1818) 2 Swan 402; 36 ER 670 Director-General, Dept of Community Services, Re; Thomas [2009] NSWSC 217; (2009) 41 Fam LR 220; Waters v Pacific Publications Pty Ltd [1999] NSWSC 366 Texts Cited: Farmer, Selqyn and Meakings, 'Other children say you're not normal because you don't live with your parents'. Children's views of living with informal kinship carers: social networks, stigma and attachment to carers, Child and Family Social Work 2013 Vol 18, Feb 2013, pp 25-34. Rest, E and Watson K, 'Growing up in Foster Care' Child Welfare Vol 63, pp 291-306. Category: Procedural and other rulings Parties: The Secretary, Department of Family and Community Services (plaintiff) Allana Pearl Smith (defendant) Representation: Counsel: J Harris (solicitor) (plaintiff) A Smith (defendant)(in person w Ms C Walker as friend)