Helen Fischer & Anor v Ashley Thompson and Others (Anonymised) [2019] NSWSC 773

Supreme Court New South Wales

Medium Neutral Citation: Helen Fischer & Anor v Ashley Thompson and Others (Anonymised) [2019] NSWSC 773 Hearing dates: 3, 4, 5, 6, 7 June 2019,31 May written submissions (Secretary)5 June written submissions (Plaintiff)6 June further written submissions (Secretary) Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: Adoption Orders Made Catchwords: EQUITY- Adoption – Whether a child is an Aboriginal child for the purposes of the Act – Application of the Aboriginal child placement principles – Whether reasonable inquiries were made- When was a child 'placed for adoption' – Whether adoption order in best interests and clearly preferable- Where child has consented to own adoption

FAMILY LAW – Children – Adoption Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Adoption Act 2000 (NSW) Adoption Information Act 1990 (NSW) Adoption of Children Act 1965 (NSW) Adoption of Children (Amendment) Act 1987 (NSW) Child Welfare Act 1923 (NSW) Child Welfare Act 1939 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Evidence Act 1995 (NSW) Family Law Act 1975 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987(Cth) Cases Cited: Adoption Director-General of Family & Community Services; Re TVK [2012] NSWSC 1629 Adoption of AT [2016] NSWSC 1971 Adoption of BR [2018] NSWSC 1009 Adoption of Taylor-Clay [2019] NSWSC 27 Application of A; Re D [2006] NSWSC 1056; (2006) 36 Fam LR 142 Application C and C; re Y [2014] NSWSC 634 Application D & D; re Y [2013] NSWSC 1477 Adoption of KH [2015] NSWSC 274 Application MKL & MJL; re YSL (No 2) [2013] NSWSC Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Australian Education Union v Lawler (2008) 169 FCR 327 Eatock v Bolt (2011) 197 FCR 261; (2011) 283 ALR 505 Gibbs v Capewell (1995) 54 FCR 503; (1995) 128 ALR 577 In the matter of O; In the matter of S [2019] NSWSC 20 In the matter of S [2017] NSWSC 1198 Neil v Legal Profession Complaints Committee [2011] WASCA 46 Pantorno v R (1989) 166 CLR 466 Re the Adoption of AJH [2017] NSWSC 751 Re DYK and the Adoption Act 2000 [2005] NSWSC 1045 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 (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 The Adoption of Hogarth (No 2) The matter of N and the Adoption Act 2000 [2012] NSWSC 1263 The Secretary, NSW Department of Family & Community Services by his delegate, Principal Officer, Barnardos Australia and MLA [2019] NSWSC 290 Texts Cited: NSW Law Reform Commission, Report No 81 Review of the Adoption of Children Act 1965, (1997) NSW Legislative Assembly, Parliamentary Debates (Hansard), 21 June 200 at 7329 Category: Principal judgment Parties: Helen Fischer (first plaintiff) Carly McLeod (second plaintiff) Ashley Thompson (first defendant) Mark Gordon (second defendant) Milton Thompson (third defendant) Secretary, NSW Department of Family and Community Services (fourth defendant) (child: Independent Legal Representative) Representation: Counsel: Ms G Mahony (plaintiffs) Ms D Lioumis (first defendant) Mr M Anderson (second defendant) Ms D Ward (third defendant) Ms S Christie, Dr M Barnett (fourth defendant) Ms K Reynolds (child: Independent Legal Representative)