Department of Family and Community Services (DFaCS) and Amber [2019] NSWChC 10

Children's Court New South Wales

Medium Neutral Citation: Department of Family and Community Services (DFaCS) and Amber [2019] NSWChC 10 Hearing dates: 29 July 2019 Date of orders: 03 September 2019 Decision date: 03 September 2019 Jurisdiction: Care and protection Before: Children's Magistrate Stubbs Decision: The authority of the Court to act or to take any further steps in the matter expires at the end of the 30 day period which follows receipt of a s 82 Report filed within time Catchwords: CHILDREN – Care and protection – Reports under s 82 of the Care Act – effect of late filing of s 82 Reports – finality of litigation – when the jurisdiction of the Children's Court ends Legislation Cited: Children's Court Act (1987) Children and Young Persons (Care and Protection) Act 1987 Interpretation Act (1987) Children's Court Rule 2000 Cases Cited: Bailey v Marinoff (1971) 125 CLR 529 Bropho v Western Australia (1991) 171 CLR 1 CAC v Secretary, Department of Family and Community Services [2014] NSWSC 185 Cooper Brooks (Wollongong) Pty Limited v Federal Commissioner of Taxation (1981) 146 CLR 297 at 321, DLJ v The Central Authority (2000) 201 CLR 226 Esso Research & Engineering Company v Commissioner for Patents (1959) Jackson v Stirling Industries (1987) 162 CLR 612 ([1987] HCA 23) Kingston v Keprose Pty Limited (1987) 11 NSWLR 401 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Secretary, Department of Family and Community Services [2014] NSWSC 185 Category: Procedural and other rulings Parties: The Secretary The Mother The Father The Child Representation: Ms L Robertson, solicitor, for the Secretary Ms L Moran, solicitor, for the mother Mr Grant, solicitor, for the father Mr Chapman, solicitor, Independent Legal Representative for the child File Number(s): 2017/198766 Publication restriction: Pseudonyms have been used to anonymise the child and parties