DC v Secretary, Department of Family and Community Services & Ors [2017] NSWCA 225

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DC v Secretary, Department of Family and Community Services & Ors [2017] NSWCA 225 Hearing dates: 4 July 2017 Decision date: 08 September 2017 Before: Beazley P at [1]; White JA at [11]; Sackville AJA at [158] Decision: (1) Order that the time for the commencement of these proceedings be extended up to the date of the filing of the applicant's summons;

(2) Declare that no order of the District Court or the Children's Court, whether as a care order purportedly made under s 86 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) or by way of approval of a care plan under s 78 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) requires that the contact arrangements between the applicant and C occur during the school holidays;

(3) Declare that the applicant is entitled to be given notice of any proposal by the first respondent or the third respondent to vary the contact arrangements between the applicant and C, as provided for in the care plan filed with the Children's Court on 27 August 2012, and to be given a reasonable opportunity to be heard in relation to any such proposal;

(4) Order that the applicant's summons be otherwise dismissed with no order as to costs. Catchwords: ADMINISTRATIVE LAW — Hearings — Procedural fairness — whether applicant withdrew from hearing or withdrew from appeal — whether applicant denied procedural fairness

ADMINISTRATIVE LAW — Jurisdiction — Inherent jurisdiction — discretion to refuse prerogative relief — length of delay — whether in the best interests of the child