D v C [2018] NSWCA 190

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: D v C [2018] NSWCA 190 Hearing dates: 27 August 2018 Decision date: 27 August 2018 Before: Leeming JA Decision: Notice of motion filed 17 August 2018 dismissed. Catchwords: PRACTICE – stay pending determination of application for judicial review – District Court allows appeal from Children's Court and orders mother to have parental responsibility – alleged jurisdictional error – assessment of strength of grounds – potential for further disruption if child returned to father – proximity of hearing – stay refused Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 80 and 91 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005, r 51.44 Cases Cited: "B" (No 2) v The Secretary, Department of Family and Community Services [2018] NSWDC 174 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435; [1999] HCA 19 Secretary of the Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of New South Wales [2014] NSWCA 14 Smits v Roach (2006) 227 CLR 423; [2006] HCA 36 Vakauta v Kelly (1989) 167 CLR 568; [1989] HCA 44 Texts Cited: None Category: Procedural and other rulings Parties: D (a pseudonym) (Plaintiff) C (a pseudonym) (First defendant) Secretary, Department of Family and Community Services (Second defendant) Representation: Counsel: C Smith (Plaintiff) J Harris (Second defendant)