Department of Family and Community Services (DFaCS) and the Prince Children [2019] NSWChC 2

Children's Court New South Wales

Medium Neutral Citation: Department of Family and Community Services (DFaCS) and the Prince Children [2019] NSWChC 2 Hearing dates: 20 March 2019 Date of orders: 02 May 2019 Decision date: 02 May 2019 Jurisdiction: Care and protection Before: Children's Magistrate Sheedy Decision: 1. The ILR has standing to bring an application pursuant to s 90 of the Children and Young Persons (Care and Protection) Act 1998 for each of the children 2. The Children's Court has jurisdiction to hear and determine the application pursuant to s 90 of the Children and Young Persons (Care and Protection) Act 1998 Catchwords: CHILDREN – Care and Protection – whether the child is in need of care and protection: s 90 Children and Young Persons (Care and Protection) Act 1998 Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Day and Dent Constructions Pty Ltd (in liq) v North Australian Properties Pty Lt (1982) 150 CLR 85 Department of Family & Community Services & the Slade Children [2017] NSWChC 4 Favetti Bricklaying Pty Limited v Benedek & Anor [2017] NSWSC 417 IW v City of Perth [1997] HCA 30 TF v Department of Family and Community Services [2015] NSWSC 694 Texts Cited: Statutory Interpretation In Australia (8th edition Pearce and Geddes) Category: Procedural and other rulings Parties: The Secretary The Mother The Father The Children Representation: Mr Braine, of counsel, for the Secretary Mr Spiers, solicitor, for the father Mr Whelan, solicitor, for Elliot and Thalia Prince as their Direct Legal Representative (DLR) Ms Wells, solicitor, for Amy Prince as Independent Legal Representative (ILR) Ms Peters, solicitor, for Brendan Prince as his Direct Legal Representative (DLR) The mother was self-represented Ms Miller, solicitor, for Liam Porter as Direct Legal Representative (DLR) File Number(s): 2017/277817 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties