The Secretary, NSW Department of Family & Community Services by his delegate, Principal Officer, Barnardos Australia and MLA [2019] NSWSC 290

Supreme Court New South Wales

Medium Neutral Citation: The Secretary, NSW Department of Family & Community Services by his delegate, Principal Officer, Barnardos Australia and MLA [2019] NSWSC 290 Hearing dates: 10 December 2018, 29 January 2019, 14, 15 February 2019, 15 March 2019 (oral submissions) Date of orders: 22 March 2019 Decision date: 22 March 2019 Before: Sackar J Decision: See paragraphs [147]-[148] Catchwords: EQUITY – adoption – whether adoption proposed will promote the best interests of the child – whether dispensing with birth parent consent is in the best interests of the child – whether the best interests of the child will be promoted by the making of an adoption order and preferable to any other action

FAMILY LAW AND CHILDREN – adoption – whether child of Aboriginal descent – Aboriginal child placement principles – whether Aboriginal child placement principles applied or mandatory Legislation Cited: Aboriginal Lands Rights Act 1983 (NSW) Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Evidence Act 1995 (NSW) Cases Cited: Application of A; Re D [2006] NSWSC 1056; (2006) 36 Fam LR 142 Adoption of BR [2018] NSWSC 1009 Adoption of KH [2015] NSWSC 274 Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Director-General, Dept of Community Services v D & Ors [2007] NSWSC 762; (2007) 37 Fam LR 595 In the matter of S [2017] NSWSC 1198 Plato Films Ltd v Speidel (1961) AC 1090 Re K & the Adoption Act 2000 [2005] NSWSC 858 Re KN and The Adoption Act 2000 [2005] NSWSC 896 Re KSE & The Adoption Act 2000 [2006] NSWSC 92 Re Simon (2006) 68 NSWLR 306 Re WJP and the Adoption Act 2000 [2014] NSWSC 783 Secretary, Dept of Family and Community Services; Re C and the Adoption Act 2000 (NSW) [2014] NSWSC 1007 Secretary, New South Wales Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia; Re JLR [2015] NSWSC 926 Texts Cited: Macquarie Online Dictionary Category: Principal judgment Parties: Secretary, NSW Department of Family & Community Services, by his delegate, Principal Officer, Barnardos Australia (plaintiff) MLA(birth mother) JPC (birth father) FBP & FCM (proposed adoptive parents) Representation: Counsel: Ms S Christie SC (plaintiff) A Williams (birth mother)