D v C; Re B (No 2) [2018] NSWCA 310

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: D v C; Re B (No 2) [2018] NSWCA 310 Hearing dates: 26 October 2018 Decision date: 13 December 2018 Before: McColl JA at [1]; Basten JA at [2]; Emmett AJA at [99] Decision: (1) Refuse the application to further amend the summons.

(2) Set aside orders 1-5 made in the District Court on 29 June 2018.

(3) Set aside orders 2-4 made in the District Court on 19 July 2018.

(4) Remit the mother's appeal to the District Court to be determined according to law.

(5) Order that the mother pay the father's costs of the proceedings in this Court.

(6) Grant the mother a certificate under the Suitors' Fund Act 1951 (NSW).

(7) No order as to the costs of the other respondents. Catchwords: APPEAL – appeal to District Court – care and protection proceedings – extent to which court should depart from course agreed upon by parties – power of court to examine and cross-examine witnesses

CHILD WELFARE – care and protection – final care orders – whether Court required to consider care plan and make findings regarding permanency planning before making orders granting parental responsibility for child to parent – whether such orders are "final care orders" – whether "final care orders" limited to orders removing child from parents on Secretary's application – Children and Young Persons (Care and Protection) Act 1998, ss 80, 83

CHILD WELFARE – care and protection – nature of proceedings – obligation not to conduct proceedings in adversarial manner – power of court to examine and cross-examine witnesses – content of procedural fairness – extent to which court should depart from course agreed upon by parties – Children and Young Persons (Care and Protection) Act 1998, ss 93, 107