DAR v Children’s Guardian [2018] NSWSC 942

Supreme Court New South Wales

Medium Neutral Citation: DAR v Children's Guardian [2018] NSWSC 942 Hearing dates: 19 June 2018 Date of orders: 21 June 2018 Decision date: 21 June 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the further amended summons. (2) Order the plaintiff to pay the defendant's costs. Catchwords: ADMINISTRATIVE LAW – challenge to decision of Civil and Administrative Tribunal – whether reasons adequate – acceptance of complainant's evidence implied rejection of plaintiff's evidence – reasons sufficient – formulation of risk – alleged wrongful admission of opinion evidence from investigating police officer as to ultimate issue – application of reasonable person test – no error shown Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 49, 63 Child Protection (Working With Children) Act 2012 (NSW), ss 8, 10, 13(1), 14, 15, 18, 27, 30, Sch 1; cl 17 Civil and Administrative Tribunal Act 2013 (NSW), s 62 Crimes Act 1900 (NSW), s 66C(2) Cases Cited: BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336 Children's Guardian v CKF [2017] NSWSC 893 Commissioner for Children and Young People v V [2002] NSWSC 949 M v M (1988) 166 CLR 69; [1988] HCA 68 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Re Minister for Immigration & Multicultural Affairs: ex parte Applicant S20/2002; S106/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 30 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: DAR (A Pseudonym) (Plaintiff) The Children's Guardian (Defendant) Representation: Counsel: L Andelman (Plaintiff) P Singleton (Defendant)