New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Children and young persons


       

  1. 22/11/2016
    Children and young persons: child welfare; judicial review of decisions of Secretary; judicial review of orders of Children’s Court; whether children of applicants at risk; challenge to formation of opinions; whether process legally flawed
     

    AA v Secretary, Department of Family and Community Services  [2016] NSWCA 323
  2. 25/05/2016
    Children and young persons: care and protection of children; child protection orders; where mechanism of injuries unexplained; no realistic possibility of restoration; challenge to Children’s Court order conferring parental responsibility on maternal grandparents until aged 18.
    SL v Secretary, Department of Family and Community Services  [2016] NSWCA 124
  3. 24/04/2015
    Children and young persons: interim care order by Children’s Court; parens patriae jurisdiction of Supreme Court invoked; whether Children’s Court proper forum to determine best interests of children
    CAC v The Secretary, Department of Family and Community Services  [2015] NSWCA 105
  4. 13/04/2015
    Children and young persons: child welfare; care and protection of children; care and protection orders; whether judge placed excessive or too little weight on applicant’s evidence
    JL v Secretary, Department of Family and Community Services  [2015] NSWCA 88
  5. 13/04/2015
    Children and young persons: care and protection of children; care and protection orders; challenge to Children’s Court order placing child under parental responsibility of Minister until aged 18 years of age
    Re Henry; JL v Secretary, Department of Family and Community Services  [2015] NSWCA 89
  6. 22/12/2014
    Children and young persons: Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 9, 61, 69, 78, 79, 86, 90, 91, 99, 105; children in care of State; care order made by Children’s Court; pending appeal to District Court; challenge to interlocutory and procedural decisions by District Court; summons seeking judicial review by Supreme Court; no judicially reviewable error shown; summons dismissed
    Colquhoun v District Court of New South Wales  [2014] NSWCA 460
  7. 15/07/2014
    Children and young persons: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 90; rescission and variation of care orders; care order allocated responsibility for issue of child contact to Department; order expired when child reached a specific age; application by Department to extend period of responsibility; whether Director-General of department had standing to seek variation; leave to apply for rescission or variation granted where there has been a ‘significant change in any relevant circumstances’; whether circumstances established a significant change; whether circumstances limited to those that were the basis for initial care order; submission Director-General lacked standing without substance; relevant circumstances were not limited to those that formed the basis of the initial care order and encompassed any circumstances relevant to the safety, welfare and wellbeing of the child; finding of significant change was open on the evidence; appeal dismissed
    Re Felicity; FM v Secretary Department of Family and Community Services (No 3)  [2014] NSWCA 226
  8. 10/03/2011
    Children and young persons: Children and Young Persons (Care and Protection Act) 1998 (NSW); child under parental responsibility of Minister; application by mother for parental responsibility; existing care plan with two carers but one had died; application of principle of least intrusive intervention in s 9(2)(c); consideration of care plan required by s 80; treaty obligations under Convention on the Rights of the Child capable of being a relevant consideration to the exercise of discretion
    Re Tracey  [2011] NSWCA 43