Department of Communities and Justice (DCJ) and the McAlister Children [2020] NSWChC 4

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and the McAlister Children [2020] NSWChC 4 Hearing dates: 17, 18 and 19 March 2020 Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of NSW Decision: The father's application under s 90 of the Care Act is dismissed. Catchwords: CHILDREN - Care and Protection - Application for rescission of previous Care orders - realistic possibility of restoration Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Blinko and Blinko [2015] Fam CAFC 146 Briginshaw v Briginshaw [1938] HCA 34 DFaCS re Day [2012] NSWChC 14 DFaCS and the Steward Children [2019] NSWChC 1 DFaCS Re Nicole [2018] NSWChC 3 Department of Human Services & K Siblings [2013] VChC 1 Director General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 Director-General, Department of Community Services; Re Thomas [2009] NSWSC 217 G v Family and Community Services [2019] NSWSC 229 G v Medical Council of NSW [2018] NSWCATOD 186 GR v Secretary, Department of Family and Community Services [2019] NSWSC 1073 GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 177 GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277 GR v The Secretary of Family and Community Services [2019] NSWSC 1146 GR v Secretary of Family and Community Services and Justice (No 2) [2019] NSWSC 1725 In the matter of Campbell [2011] NSWSC 761 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Nu v NSW Secretary of Family and Community Services [2017] NSWCA 221 Re Alistair [2006] NSWSC 411 Re Henry; JL v Secretary Department of Family and Community Services [2015] NSWCA 89 Re Mary [2014] NSWChC 7 Re Jayden [2007] NSWCCA 35 Re Timothy [2010] NSWSC 524 Re Tanya [2016} NSWSC 794 Re Saunders and Morgan [2008] CLN Re AB [2019] NSWSC 316 Re AB (N0 2) [2019] NSWSC 566 Re Bailey and Blake [2011] NSWSC 1390 Secretary of Department of Health and Community Services v JWB and SMB [1992] HCA 15; (1992) 175 CLR 218 Sudath v Health Care Commission [2012] NSWCA 171 The Secretary of the Department of Community and Justice (DCJ) and Fiona Farmer [2019] NSWChC 5 VV v District Court of New South Wales [2013] NSWCA 469 Category: Principal judgment Parties: The Secretary The mother The father The children Representation: Ms K Stanford, solicitor, for the Secretary The mother, a self-represented litigant in person Mr Hill of counsel, instructed by Mr Fleming, solicitor for the father Ms L Dillon-Smith, solicitor, for the children as their Independent Legal Representative File Number(s): 2019/00183592 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties