Department of Family and Community Services and the Jacobs children [2019] NSWChC 11

Children's Court New South Wales

Medium Neutral Citation: Department of Family and Community Services and the Jacobs children [2019] NSWChC 11 Hearing dates: 13 & 14 August 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Jurisdiction: Care and protection Before: Children's Magistrate Stubbs Decision: The s 76(4) report was filed out of time and the Court has no power to extend time for the filing of the report Catchwords: CHILDREN - Care and Protection - supervision order made pursuant to s 76 of Children and Young Persons (Care and Protection) Act 1998 - late filing of the supervision report ordered pursuant to s 76(4) - effect of lateness - finality of litigation and the extinguishment of jurisdiction beyond the date of the supervision order - extension of time for filing of the supervision report not permissible Legislation Cited: Children's Court Rule 2000 Children and Young Persons (Care and Protection) Act 1998 Children's Court Act 1987 Interpretation Act 1987 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 DJL v The Central Authority (2000) 201 CLR 226 Esso Research & Engineering Company v Commissioner for Patents (1959) 102 CLR 347 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 Saraswati v The Queen (1990-91) 172 CLR 1. Category: Procedural and other rulings Parties: The Secretary The mother The father The children Representation: Mr M Whelan, solicitor, for the Secretary Ms Smith, solicitor for the mother Ms Ito, solicitor for the father Ms Moran, solicitor for Emma Ms Adams, solicitor as Direct Legal Representative for Holly Ms Alexander, solicitor as Direct Legal Representative for Lizbeth File Number(s): 2017/200481 Publication restriction: Pseudonyms have been used to anonymise the children and parties