In the matter of S [2017] NSWSC 1198

Supreme Court New South Wales

Medium Neutral Citation: In the matter of S [2017] NSWSC 1198 Hearing dates: 10 August 2017 (last submissions 31 August 2017) Decision date: 07 September 2017 Jurisdiction: Equity - Adoptions List Before: Black J Decision: The Court makes orders dispensing with the consent of the child's birth parents and for the adoption of the child and approving the name proposed for him. Catchwords: FAMILY LAW AND CHILD WELFARE — Adoption – whether child of Aboriginal descent – whether consent of child's birth parents should be dispensed with – whether order for adoption of child should be made – whether proposed name for child should be approved. Legislation Cited: - Aboriginal Land Rights Act 1983 (NSW), s 4(1) - Adoption Act 2000 (NSW), ss 4, 8, 33–36, 43, 46, 50, 52, 54, 67, 90–91, 101 - Children and Young Persons (Care and protection) Act 1998 (NSW) - Family Law Act 1975 (Cth), s 69ZK(1) - Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Cases Cited: - Adoption of KH [2015] NSWSC 274 - Adoption of NG [2014] NSWSC 680 - Director General Dept of Human Services; Re M [2011] NSWSC 369 - Director-General, Department of Family and Community Services; Re TVK [2012] NSWSC 1629 - Gibbs v Capewell (1995) 54 FCR 503 - Re Adoption of RCC and RZA [2015] NSWSC 813 - Re ASK and the Adoption Act 2000 [2017] NSWSC 521 - Re DYK and the Adoption Act 2000 [2005] NSWSC 1045 - Re Infant, K and the Adoption of Children Act [1973] 1 NSWLR 311 - Re K and the Adoption Act 2000 [2005] NSWSC 858 - Re Simon [2006] NSWSC 1410; (2006) 68 NSWLR 306 - Secretary, Department of Family and Community Services; Re C and the Adoption Act 2000 (NSW) [2014] NSWSC 1007 - Secretary, New South Wales Dept of Family and Community Services (by his delegate Principal Officer, Adoptions, Barnardos Australia); Re JLR [2015] NSWSC 926 - Shaw v Wolf [1998] FCA 389; (1998) 83 FCR 113 Category: Principal judgment Parties: Secretary, New South Wales Department of Family and Community Services (Plaintiff) Representation: Counsel: M. Barnett (Plaintiff) P. Braine (Birth father) "K" (Birth mother – self-represented)