Re WS (No 3) [2017] NSWSC 1160

Supreme Court New South Wales

Medium Neutral Citation: Re WS (No 3) [2017] NSWSC 1160 Hearing dates: 2 and 3 August 2017 Date of orders: 31 August 2017 Decision date: 31 August 2017 Jurisdiction: Equity Before: Hallen J Decision: Orders that the amended Summons be dismissed.

Makes no order as to the costs of any party to the intent that they, she and he, will pay their, her, or his own costs, respectively of the proceedings.

Orders that the exhibits should be dealt with in accordance with the Uniform Civil Procedure Rules 2005 (NSW). Catchwords: FAMILY LAW AND CHILD WELFARE - Adoption -application for order – adoption by relatives

FAMILY LAW AND CHILD WELFARE - Adoption – Whether adoption in child's best interests - whether adoption order clearly preferable to any other any other action that could be taken by law in relation to their care

FAMILY LAW AND CHILD WELFARE - Adoption – Whether consent of birth parents required - Consent of child's birth parents not given in accordance with Adoption Act 2000 (NSW) – Consent not effective – grounds for making consent dispense order – Child is over 12, but less than 18, years old - Child gives sole consent to adoption

FAMILY LAW AND CHILD WELFARE – Adoption – Whether one of the primary purposes of the proposed adoption is to obtain a visa for the child to remain in Australia – Whether a relevant consideration Legislation Cited: Adoption Act 1993 (ACT) Adoption Act 2000 (NSW) Adoption Amendment Act 2008 (NSW) Adoption Regulation 2015 (NSW) Australian Citizenship Act 2007 (Cth) Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption Evidence Act 1995 (NSW) Family Law Act 1975 (Cth) Immigration (Guardianship of Children) Act 1946 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Adoption Application by V [2001] NZFLR 241 Adoption of CCRS [2014] NSWSC 232 Adoption of JLK and CRK [2017] NSWSC 7 Adoption of KH [2015] NSWSC 274 Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Application of M [1999] NSWSC 497 Application by Webster [1991] NZFLR 537; (1991) 7 FRNZ 569 ASB, KBS v MQS and the Secretary of State for the Home Department [2009] EWHC 2491 CDJ v VAJ (No 2) (1998) 197 CLR 172 Department of Family & Community Services and LH; Re R [2011] NSWSC 551 Director General Department of Human Services; Re M [2011] NSWSC 369 EV (A Child), Re (Scotland) [2017] UKSC 15 Hull v Thompson [2001] NSWCA 359 In the Marriage of H [1994] FamCA 132; [1994] FLC 92-599 In the Marriage of Kress (1976) 13 ALR 309; [1976] FLC 90-126 J v C [1970] AC 668 Keith v Gal [2013] NSWCA 339 L and L v P [1986] 4 NZFLR 75 Lam v Lam [2017] VSCA 173 Marsden v Winch (2009) 42 Fam LR 1; [2009] FamCAFC 152 Masters Home Improvement Pty Ltd (formerly Shellbelt Pty Ltd) v North East Solution Pty Ltd [2017] VSCA 88 Northern Territory v GPAO (1999) 196 CLR 553 Oxfordshire County Council v X [2010] Fam Law 790; [2010] EWCA Civ 581 R v Fisher (2009) 22 VR 343; [2009] VSCA 100 R v Magistrates' Court at Lilydale; Ex parte Ciccone [1973] VR 122 Re A & B (Adoption by Grandparents) (2003) 30 Fam LR 387; [2003] NSWSC 595 Re Adoption of D [2008] ACTSC 44 Re Adoption of SS (2002) 167 FLR 238; [2002] ACTSC 24 Re B (A Minor) [2002] 1 WLR 258; [2001] UKHL 70 Re B (a Minor) [1999] 2 WLR 714; [1999] 2 AC 136 Re B (Adoption order: Nationality) [1998] FLR 965 Re Director General, Department of Community Services (NSW); Adoption of DR by DCB and HMB (2000) 26 Fam LR 107; [2000] NSWSC 22 Re G (a Child) [2013] EWCA Civ 965 Re K and the Adoption of Children Act 1965 (1988) 12 Fam LR 263 Re K & The Adoption Act 2000 [2005] NSWSC 858 Re Sarah [2013] NSWCA 379 Re W & the Adoption of Children Act [1999] NSWSC 662 Re WS [2016] NSWSC 919 Re WS (No 2) [2017] NSWSC 475 Secretary, New South Wales Department of Family and Community Services (by his delegate Principal Officer, Adoptions, Barnardos Australia); Re JLR [2015] NSWSC 926 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnados Australia v HR & CD [2016] NSWSC 1926 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnardos Australia v MB and JW [2017] NSWSC 1087 Sirola & Sirola [2016] FamCA 620 Taupau v HVAC Constructions (Queensland) Pty Ltd [2012] NSWCA 293 Tugrul v Tarrants Financial Consultants Pty Limited (in liquidation) [No 2] [2013] NSWSC 1971 Underwood v Gaudron [2015] NSWCA 269 W v The Secretary of State for the Home Department [2017] EWHC 1733 W (A Child) [2017] 1 WLR 889; [2016] EWCA Civ 793 Texts Cited: Macquarie Dictionary Online, 2016, Macquarie Dictionary Publishers Category: Principal judgment Parties: Ms SS (first Plaintiff) Mr PGH (second Plaintiff) Separate Representative for the Child Secretary, Department of Family & Community Services (first Defendant) Representation: Counsel: In Person (second Plaintiff) Ms D Ward (Child WS) Dr M Barnett (Defendant)