OA v Secretary, Department of Communities and Justice [2019] NSWCA 322

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: OA v Secretary, Department of Communities and Justice [2019] NSWCA 322 Hearing dates: 10 December 2019 Decision date: 20 December 2019 Before: Macfarlan JA at [1]; White JA at [2]; Brereton JA at [73] Decision: 1. Application for leave to appeal from the orders of the primary judge is refused. 2. No order as to costs. Catchwords: FAMILY LAW — children — adoption — application for leave to appeal against adoption order — where order opposed by biological father — whether evidence established that children capable of consenting to adoption — whether consent were given in accordance with mandatory requirements — whether proposed adoptive parents suitable — where children already cared for by proposed adoptive parents — whether adoption in children's best interest and clearly preferable to any other course Legislation Cited: Adoption Act 2000 (NSW), ss 8, 91, 180 Children and Young Persons (Care and Protection) Act 1998 (NSW) Supreme Court Act 1970 (NSW), s 75A

Adoption Regulation 2015, reg 79 Cases Cited: Adoption of NG (No 2) [2014] NSWSC 680 Adoption of Taylor-Clay [2019] NSWSC 27 CAC v Secretary, Department of Family and Community Services [2015] NSWCA 105 Cando Management and Maintenance Pty Ltd v Cumberland Council [2019] NSWCA 26 Searle v Commonwealth of Australia [2019] NSWCA 127 Secretary, Department of Communities and Justice v OA [2019] NSWSC 1457 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 The Age Co v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: OA (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Counsel: Self-represented (Applicant) P Singleton (Amicus Curiae) C McGorey (Respondent)