Re: A Foster Carer v Department of Family & Community Services [2017] NSWDC 360

District Court New South Wales

Medium Neutral Citation: Re: A Foster Carer v Department of Family & Community Services [2017] NSWDC 360 Hearing dates: 6, 7, 8 and 14 November 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Civil Before: Judge Levy SC Decision: Appeal allowed. See paragraph [403] for ancillary orders Catchwords: CHILD CARE APPEAL – upholding of appeal by summons filed pursuant to s 90 of the Children and Young Persons (Care and Protection) Act 1998 seeking rescission, or alternatively, variations, of orders made by the Children's Court – previous orders rescinded – appellant foster carer allocated parental responsibility for the child Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, s 8, s 9, s 10A, s 90, s 105 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Dean v Stockland Property Management Pty Limited & Anor [2010] NSWCA 66 HG v The Queen [1999] HCA 2; (1999) 197 CLR 414 Hevi Lift (PNG) v Etherington [2005] NSWCA 42 Lindholdt v Hyer [2008] NSWCA 264 at [185] Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Category: Principal judgment Parties: A Foster Carer (Appellant) The Secretary, Department of Family and Community Services (First defendant) Child's mother (Second defendant) Independent Children's Lawyer (Third defendant) Representation: Counsel: Ms C Smith (Appellant) Mr C McGorey (First defendant) Ms D Pickering (Second defendant) Mr B Saunders (Third defendant)