Department of Family and Community Services and Liam [2017] NSWChC 2

Children's Court New South Wales

Medium Neutral Citation: Department of Family and Community Services and Liam [2017] NSWChC 2 Hearing dates: 20, 21, 24, 25, 26, 31/10 & 1/11/2016 Date of orders: 17 January 2017 Decision date: 17 January 2017 Jurisdiction: Care and protection Before: Children's Magistrate E Ryan Decision: Finding the child is in need of care and protection Catchwords: Child in need of care and protection: establishment hearing – onus of proof on the Secretary – fractures in non-ambulant child – whether more probably caused by inflicted injury or bone fagility Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Evidence Act 1995 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Director General of Department of Community Services; Re Sophie [2008] NSWCA 250 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 34 Category: Procedural and other rulings Parties: Secretary for the Department of Family and Community Services (DFaCS) The Mother The Father The Child Representation: Mr M Anderson of counsel for the Secretary Ms E Lawson of counsel instructed by Mr E Tabchouri, solicitor for the mother Ms K Renshall, solicitor for the father Ms S Shearman of counsel instructed by Ms Canning, solicitor for the child File Number(s): 2016/405 Publication restriction: None. Pseudonyms have been used in order to anonymise the child and parties