The Care and protection matters — practice and procedure has been updated at [2-0225] to include Presidential Children’s Court appeals.
The Care and protection matters — important cases has been updated from [4-0375]:
- D v C; Re B (No 2)  NSWCA 310 (see [4-0375]) analyses the obligation on the court not to conduct proceedings in an adversarial manner.
- A v Secretary, Family and Community Services (No 2)  NSWSC 43 (see [4-0380]) held the Supreme Court cannot resolve factual issues unresolved in the Children’s Court.
- EC v Secretary, NSW Department of Family and Community Services  NSWSC 226 (see [4-0385]) where a corporation was held to be a “person” under s 98(3) Care Act to enable Barnardos to be joined to proceedings.
- LZ v Secretary, Department of Family and Community Services  NSWDC 156 (see [4-0390]) where an appeal from Children’s Court to District Court to vary or rescind a care order was dismissed.
- DFaCS and the Steward Children  NSWChC 1 (see [4-0395]) clarified “within a reasonable period” in s 83 Care Act.
- DFaCS and the Prince Children  NSWChC 2 (see [4-0400]) held an Independent Legal Representative for one child has standing to bring an application for all siblings.
- DFaCS and Leo  NSWChC 3 (see [4-0405]) granted leave to the Independent Legal Representative to bring an application pursuant to s 90 for leave to vary or rescind care order as no long-term permanency plan.
- DFaCS and Bridget  NSWChC 4 (see [4-0410]) granted leave to vary or rescind a care order.
- The Secretary of the Department of Communities and Justice (DCJ) and Fiona Farmer  NSWChC 5 (see [4-0415]) held there was a realistic possibility of restoration of child to father within a reasonable period.
- Jones v Booth  NSWSC (see [4-0420]) refused declaratory relief concerning qualifications of a psychologist to furnish a report in support of a s 32 Mental Health (Forensic Provisions) Act 1990 application. However, Johnson J made some observations about the operation of s 32 to provide guidance to the Local Court.
Three articles have been added to the Criminal matters — background material:
Criminal matters — practice and procedure has amended:
Criminal matters — remade regulations:
Criminal matters — important cases has been updated from [8-0350]:
- R v RI  NSWDC 129 (see [8-0350]) Pt 3 Div 4 Children (Criminal Proceedings) Act 1987 applies where offender two days from his 18th birthday when offences committed.
- R v Mercury  NSWSC 81 (see [8-0355]) held police interview inadmissible pursuant to s 13 Children (Criminal Proceedings) Act 1987.
- DM v R  NSWCCA 305 (see [8-0690]) court granted leave to appeal severity of sentence as sentencing judge erred in finding the applicant was a leader in relation to the offending conduct.
- Clarke-Jeffries v R  NSWCCA 56 (see [8-0695]) sentence for using a carriage service to solicit child pornography material successfully appealed due to serious mental health issues prevailing at the time of the offending.
- CA v R  NSWCCA 93 (see [8-0700]) applicant re-sentenced due to sentencing judge giving insufficient weight to applicant’s youth, immaturity, impulsivity and deprived background.