Joshua Douglas and Damien Douglas v Secretary, Department of Family and Community Services & Ors [2017] NSWDC 361

District Court New South Wales

Medium Neutral Citation: Joshua Douglas and Damien Douglas v Secretary, Department of Family and Community Services & Ors [2017] NSWDC 361 Hearing dates: 4 December 2017 Decision date: 14 December 2017 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Appeal dismissed Catchwords: Application for joinder as party to Children's Court proceedings Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: A v Secretary, Family and Community Services [2015] NSWDC 307 Ellison & Anor v Karnchanit [2012] FAMCA 602 Farnell & Or v Chambua [2016] FCWA 17 House v The King [1936] HCA 40, (1936) 55 CLR 499 M v M [1998] HCA 68 Category: Principal judgment Parties: Joshua Douglas and Damien Douglas (Plaintiffs) Department of Family and Community Services (1st Defendant) CN (Mother) Independent Legal Representative (For the Child) Representation: Counsel: – V Carty (Plaintiff) G Moore (Department of FACS) Solicitors: J L Higgins (Independent Legal Representative for the Child) D Chapman (2nd Defendant Respondent Mother) File Number(s): 17/310319 Publication restriction: Non-Publication of names of Child and Mother

Judgment

Introduction 1. By Summons filed on 13 October 2017, the plaintiffs appeal a decision of the Children's Court of New South Wales dated 29 September 2017, refusing the plaintiffs' leave to be joined as a party to proceedings in the Children's Court between the Department of Family and Community Services ("the Department'), and CN, who is the mother of KD born 15 March 2017. KD was the subject of care proceedings filed by the Department on 14 August 2017 and is currently in the parental responsibility of the Minister on an interim basis following an order by the Children's Court made on 15 August 2017. KD is one of five children of CN.