Nan v Secretary Department of Family and Community Services [2016] NSWDC 271

District Court New South Wales

Medium Neutral Citation: Nan v Secretary Department of Family and Community Services [2016] NSWDC 271 Hearing dates: 26 April 2016 Date of orders: 03 May 2016 Decision date: 03 May 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Summons dismissed. Catchwords: CHILDREN – care and protection – application for leave to rescind Children's Court order dismissing an application under s 90 Children and Young Persons (Care and Protection) Act 1998 (NSW) – "significant change" – "arguable case" – relevant s 82 and s 90(2A) matters Legislation Cited: Dempster v National Companies and Securities Commission (1993) 9 WAR 215 Department of Family and Human Services (NSW) re Day [2012] NSWChC 14 DFaCS (NSW) and the Colt Children [2013] NSWCHC 5 Re Tina [2002] CLN 6 S v Department of Community Services [2002] NSWCA 161 Susan Kestle v Department of Family and Community Services [2012] NSWChC 2 Cases Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 8, 9, 10A, 82, 90 and 91 Category: Principal judgment Parties: Plaintiff: Nan First Defendant: Secretary, Department of Family and Community Services Second Defendant: Independent Legal Representative (Jody Hanson) Representation: Counsel: Plaintiff: Ms D McMullen (solicitor) First Defendant: Ms T Stevens Second Defendant: Ms V Willoughby (solicitor)

Solicitors: Plaintiff: Legal Aid NSW First Defendant: Crown Solicitor's Office Second Defendant: Willoughby Law File Number(s): 2015/299336 Publication restriction: Identifying features of the mother, the child, their relatives and medical advisers anonymised