DEN v Benevolent Society [2017] NSWCATAD 309

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DEN v Benevolent Society [2017] NSWCATAD 309 Hearing dates: 14 September 2017 Date of orders: 25 October 2017 Decision date: 25 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: The application for stay or interim order filed 29 August 2017 is dismissed. Catchwords: ADMINISTRATIVE LAW- where administratively reviewable decision – where decision to remove from an authorised carer the responsibility for the daily care and control of child - whether stay or other order is desirable - whether to grant an order or interim stay under section 60, 61, 62 Administrative Decisions Review Act 1997 (NSW). Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Evidence Act 1995 (NSW) Cases Cited: 1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881 AQY & AQZ v Administrative Decisions Tribunal of New South Wales [2013] NSWSC 1028 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 CMJ v Secretary Department of Family and Community Services [2017] NSWCATAD 52 DDR v Lifestyle Solutions (Aust) Ltd [2017] NSWCATAD 266 Elgammal v Director General, Department of Transport [1999] NSWADT 82 Goode & Goode [2006] FamCA 1346; (2006) FLC ¶93-286 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 New South Wales Bar Association v Stevens [2003] NSWCA 95 Polini v Gray (1879) 12 Ch D 438 S v Minister for Youth and Community Services (1986) 10 FamLR 849 Ye v Commissioner for Fair Trading; Ucer Investments and Resources Management Pty Ltd v Commissioner for Fair Trading [2016] NSWCATAD 147 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Procedural and other rulings Parties: DEN (Applicant) Benevolent Society (Respondent) Representation: Advocates: J Smith (Applicant) K Stanford (Respondent)