EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226

Supreme Court New South Wales

Medium Neutral Citation: EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226 Hearing dates: 22 February 2019 Decision date: 08 March 2019 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: Appeal Dismissed – See para [89] Catchwords: FAMILY LAW AND CHILD WELFARE – child welfare under state legislation – legal proceedings – appeal from Presidential Children's Court – application by Barnardos to be joined to proceedings – application under s 98(3) of the Children and Young Persons (Care and Protection) Act 1998 – whether a corporation can be a 'person' under s 98(3) – whether Barnardos had a 'genuine concern for the safety, welfare and well-being' of the children – whether Court should exercise its discretion under s 98(3) Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Acts Interpretation Act 1987(NSW) Children and Young Persons (Care and Protection) Regulation 2012 (NSW) Children's Court Act 1987 (NSW) Children's Court Regulation 2014 (NSW) Cases Cited: K&S Lake City Freighters Pty Ltd v Gordon & Gotch [1985] 157 CLR 309 EL & WL v Director-General of the Department of Human Services [2010] NSWDC 248 Bells-Collins Children v Secretary, Department of Family and Community Services [2015] NSWSC 701 In the Matter of Pamela, 31 March 2003 Minister for Disability Services v People with Disability Australia Inc (CSD) [2010] NSWADTAP 44 NEJ [2017] NSWCATGD 1 EBI [2017] NSWCATGD 6 MZT [2018] NSWCATGD 8 QVC [2017] NSWCATGD 20 HZN [2018] NSWCATGD 31 NZD [2017] NSWCATGD 21 Texts Cited: n/a Category: Principal judgment Parties: E (First Plaintiff/Appellant) F (Second Plaintiff/Appellant) Secretary, NSW Department of Family and Community Services (First Defendant) Minister for Family and Community Services (Second Defendant) L (Third Defendant) N (Fourth Defendant) J (Fifth Defendant) Barnardos Australia (Sixth Defendant) Representation: Counsel: P Singleton (Appellants) J Harris (1st & 2nd Defendants) Ms D Ward (3rd Defendant) No appearances (4th & 5th Defendants) Ms G F Mahony (6th Defendant)