DHK & Anor v Secretary, Department of Family and Community Services & Ors [2018] NSWDC 221

District Court New South Wales

Medium Neutral Citation: DHK & Anor v Secretary, Department of Family and Community Services & Ors [2018] NSWDC 221 Hearing dates: 15 – 18, 28 July; 22 September; 9 – 12, 16 – 17 October 2017; 9 February; 19 – 23, 26 – 27 March; 5, 17, 19 – 20 April; 1, 10 – 11, 21 – 22 May; 1 June; 27 July 2018 Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Civil Before: Montgomery DCJ Decision: See [566] Catchwords: CHILD WELFARE – care and protection of children – care and protection orders – appeal from Children's Court to District Court – challenge to Children's Court order placing child under parental responsibility of Minister until aged 18 years of age Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Evidence Act 1995 (NSW) Cases Cited: In the Matter of Campbell [2011] NSWSC 761 Re Henry; JL v Secretary Department of Family and Community Services [2015] NSWCA 89 Saunders and Morgan and Anor v Department of Community Services [2008] CLN 1 VV v District Court of New South Wales [2013] NSWCA 469 Category: Principal judgment Parties: DHK (First plaintiff) RS (second plaintiff) Secretary, Department of Family and Community Services (first defendant) Independent Legal Representative for SHK (second defendant) UL (third defendant) Representation: Counsel: DHK (in person) RS (in person) Mr C. McGorey of counsel (first defendant) Mr P. Braine of counsel (second defendant) UL (in person) File Number(s): 2016/299201 Publication restriction: Pursuant to s 7 Court Suppression and Non-Publication Orders Act 2010 (NSW) information tending to reveal the identity of or otherwise concerning any party in the proceedings or any person who is related to or otherwise associated with any party in the proceedings is supressed. Decision under appeal Court or tribunal: NSW Children's Court Jurisdiction: Care and Protection Date of Decision: 21 April 2015 Before: Haskett CCM