CLN 2007

CLN 7 - November 2007

Supreme Court decisions

SB v Parramatta Children’s Court [2007] NSWSC 1297.

Children's Court decisions

Re: Peter, Niles and Toby – SCM Mitchell.

Re: Jay – SCM Mitchell.

Papers

Establishment in Care Proceedings’ A paper by Robert McLachlan, solicitor.

CLN 6 - September 2007

Children's Court decisions

Re Leon - SCM Mitchell

Consideration is given to the consequences of the Director-General’s filing an inadequate report pursuant to section.

Re Maree [2007] NSWLC 35, SCM Mitchell

The question the Children’s Court must resolve in a case where there is an allegation of sexual abuse by the father is not whether the father has committed any sexual impropriety, but whether, on the balance of probabilities, the arrangements sought to by the Director-General and other parties are in the interests of the child and, if not, what, if any other arrangements are in those interests. In order to do so, the court must make an assessment, on the evidence, of the risks to the child in the various situations posed by the parties.

Practice Direction

Practice Direction 28 'Case Management in the Care Jurisdiction'.

CLN 5 - August 2007

Supreme Court decisions

Director-General, Dept of Community Services v D & Ors [2007] NSWSC 762 Brereton J

Adoption – jurisdiction - whether court can make order allocating parental responsibility when court refuses to make adoption order – consent to adoption – grounds for revocation of a consent dispense order – grounds for making consent dispense order – whether serious cause for concern for welfare of child – trans-racial adoption – where child of African parentage securely attached to white proposed adoptive parents for nearly four years – where birth mother’s consent subsequently declared ineffective - undesirability of child being raised apart from natural mother family culture and ethnicity – undesirability of disrupting secure attachments – significance of birth mother’s parenting capacity – relevance of birth mother’s wishes – whether adoption in best interests of child – whether adoption clearly preferable to all other alternatives – contact – benefits of contact in reducing sense of abandonment and loss of mother and culture.

Papers

'S106A - A Revolution for Re-Inventing the Wheel?'

A paper by Robert McLachlan, solicitor.

CLN 4 - July 2007

Supreme Court decisions

Re Simon [2006] NSWSC 1410 (Campbell J)

ABORIGINALS - general - construction of “Aboriginal person” in Aboriginal Land Rights Act 1983 - requirement of lineal descent from inhabitants of Australia immediately before European settlement - FAMILY LAW AND CHILD WELFARE - CHILD WELFARE OTHER THAN UNDER FAMILY LAW ACT 1975 (CTH) AND RELATED ACTS - adoption - operation of Aboriginal child placement principles - operation of special consent provisions concerning placement of Aboriginal child for adoption - definition of “Aboriginal” in Adoption Act 2000.

Re – Elizabeth [2007] NSWSC 729 (Palmer J)

A Community Treatment Order was made in respect of a young person by the Mental Health Review Tribunal. An interim care order was made by the Children’s Court. In issue was whether the parens patriae jurisdiction of the Supreme Court should be invoked. The Children’s Court is the appropriate forum for determination of all issues in the case.

Children's Court decisions

In the matter of Tom (Crawford CM)

Establishing whether a child is aboriginal in care proceedings. The importance of sibling relationships in decisions regarding placement.

CLN 3 - June 2007

Children's Court decisions

Police v Raymond (Flood CM)

Fourteen year old boy granted conditional bail to reside as directed by the Department of Community Services remained in custody as the child welfare authority did not arrange accommodation. Child declared homeless pursuant to s120 of the Child and Young Persons (Care and Protection) Act 1998. Application for variation of bail condition that the condition that the child resides as directed by the Department of Community Services be removed.

In the matter of Madeline & Ors (SCM Mitchell)

Section 105 of the Children and Young Persons (Care and Protection) Act 1998 regarding publication considered in the context of coronial proceedings. Section 115(3)(b) interpreted to mean that an otherwise unlawful publication will be permitted in any one of the four circumstances recited in section 115(3)(b)(i) to (iv). Leave given for ‘publication’ solely for the legitimate purposes of the preparation of and conduct of an inquest to be held by a Deputy State Coroner.

CLN 2 - March 2007

Court of Appeal decisions

Re – Jayden [2007] NSWCA 35 (Beazley, Hodgson and IPP JA)

CHILDREN – care and responsibility – review of interim care responsibility orders – interim order conferring parental responsibility of children on Minister for Community Services – serious issue to be tried as to whether final order should be made – Director-General of the Department of Community Services obtaining discharge of contact order to enable Minister to send children to New Zealand prior to final order – whether this amounts to an abuse of process – ss 69, 70, 70A and 72 of the Children and Young Persons (Care and Protection) Act 1998 considered - LEGAL PRACTITIONERS – parties to proceedings – whether legal practitioners appointed by the Children’s Court of New South Wales pursuant to s 99 of theChildren and Young Persons (Care and Protection) Act 1998 to represent children the subject of proceedings should be named as parties to proceedings in the Supreme Court.

Children’s Court Decisions

Re – Jackson (Mitchell SCM)

The application of s88 of the Children and Young Persons (Care and Protection) Act 1998. Costs awarded to the mother as the position adopted by the Director General was entirely mistaken and needlessly maintained to an exceptional degree.

Papers

Psychological Disability and Parenting – A paper by Dr Chris Lenning.

CLN 1 - February 2007

Supreme Court decisions

Application of A – re D [2006] NSWSC 1056 (Palmer J)

Adoption – whether children should be adopted or left in foster care – whether any general rule that adoption is preferable to foster care – relationship between Adoption Act 2000 and Children and Young Persons (Care and Protection) Act 1998 – whether adoption clearly preferable to long term fostering in the present case – whether consent of birth mother to adoption should be dispense.

Re: Don [2006] NSWSC 1125 (Sully J)

Sections 93 and 94 of the Children and Young Persons (Care and Protection) Act 1998 require the maximum flexibility and speed appropriate to the particular case or issue. The principles to be applied in applications to set aside a subpoena set out. Section 109 considered.

Papers

'Joining of Parties in Care and Protection Proceedings' A paper by Children's Magistrate Crawford. (DOC , 67.5 KB)