Children’s Court of NSW Resource Handbook
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Important cases
Important cases
[3-1000]
Aboriginal and Torres Strait Islander placement principles
Re Lucinda Porter (No 2) [2023] NSWChC 2
Re Malakhai [2022] NSWChC 6
Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83
Department of Communities and Justice and Masters [2020] NSWChC 7
Adoption of B [2019] NSWSC 908
Fischer v Thompson (Anonymised) [2019] NSWSC 773
Re Timothy [2010] NSWSC 524
Re Victoria and Marcus [2010] CLN 2
[3-1020]
Adoption
Department of Communities and Justice and Jake [2020] NSWChC 2
Department of Communities and Justice and the Stonsky Children [2019] NSWChC 8
Adoption of SRB, CJB and RDB [2014] NSWSC 138
[3-1040]
Bias
Polsen v Harrison [2021] NSWCA 23
JL v S, DFaCS [2015] NSWCA 88
[3-1060]
Care and protection
Y (a pseudonym) v Secretary, Communities and Justice (No 4) [2021] NSWDC 81
Department of Communities and Justice and Jacinta [2021] NSWChC 5
CXZ v Children’s Guardian [2020] NSWCA 338
Secretary, Department of Communities and Justice v B [2020] NSWDC 736
A v Secretary, Department of Communities and Justice (No 4) [2019] NSWSC 1872
NU v NSW Secretary of Family and Community Services [2017] NSWCA 221
Re Sophie (No 2) [2009] NSWCA 89
Re Jayden [2007] NSWCA 35
SB v Parramatta Children’s Court [2007] NSWSC 1297
Re Alistair [2006] NSWSC 411
[3-1080]
Care plans
JE v Secretary, DFaCS [2019] NSWCA 162
DFaCS and Nicole [2018] NSWChC 3
DFaCS and the Slade Children [2017] NSWChC 4
C v S, FaCS [2016] NSWDC 103
[3-1100]
Change in circumstances/rescission or variation of care plans
LZ v Secretary, Department of Family and Community Services [2019] NSWDC 156
DFaCS and Bridget [2019] NSWChC 4
Re Jeremy (a pseudonym); DM v Secretary, Department of Family and Community Services [2017] NSWCA 220
FaCS v Kestle [2012] NSWChC 2
Re Campbell [2011] NSWSC 761
S v Department of Community Services [2002] NSWCA 151
[3-1120]
Child Representatives/Independent Legal Representative (ILRs)
GR v Secretary, Department of Communities and Justice [2021] NSWCA 301
DFaCS and the Prince Children [2019] NSWChC 2
DFaCS and Leo [2019] NSWChC 3
[3-1140]
Contact orders
SM v Director-General, Department of Human Services [2010] NSWDC 250
Re Hamilton [2010] CLN 2
Re Liam [2005] NSWSC 75
Re Helen [2004] NSWLC 7
[3-1160]
Convention on the Rights of the Child
Re Henry [2015] NSWCA 89
Re Tracey (2011) 80 NSWLR 261
[3-1180]
Costs
Y v Secretary, Department of Communities and Justice (No 7) [2021] NSWDC 477
Re: A Costs Appellant Carer (a pseudonym) v Secretary, Department of Communities and Justice [2021] NSWDC 197
Re A Foster Carer v DFaCS (No 2) [2018] NSWDC 71
S, DFaCS and the Knoll Children (Costs) [2015] NSWChC 2
[3-1200]
Experts’ reports
J & T v DCJ [2023] NSWDC 78
Jones v Booth [2019] NSWSC 1066
Department of Family and Community Services and the Jacobs children [2019] NSWChC 11
Secretary, Department of Family and Community Services v Hayward (a pseudonym) (2018) 98 NSWLR 599
Hayward v R (2018) 97 NSWLR 852
R v Hayward [2017] NSWSC 1170
[3-1220]
Guardian ad litem
CM v Secretary, Department of Communities and Justice [2022] NSWCA 120
GR v Secretary, Department of Communities and Justice [2021] NSWCA 267
GR v Secretary, Department of Communities and Justice [2021] NSWCA 157
CM v Secretary, Department of Communities and Justice [2021] NSWSC 1442
GR v Department of Communities and Justice [2020] NSWSC 1622
[3-1240]
Identification of children in the media
Burton v DPP (NSW) [2021] NSWSC 1230
Burton v DPP (2019) 100 NSWLR 734
[3-1260]
Joinder
In re a Child [2022] NSWSC 671
AB and JB v Secretary [2021] NSWDC 626
EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226
GO v Secretary, Department of Communities and Justice [2017] NSWDC 198
Department of Communities and Justice and Lara [2017] NSWChC 6
[3-1280]
Jurisdiction
DN v Secretary, DCJ [2023] NSWSC 595
Harris (pseudonym) v Secretary, Department of Communities and Justice [2021] NSWCA 261
JH v Secretary, Department of Communities and Justice [2021] NSWSC 1539
A v Department of Communities and Justice [2021] NSWSC 937
A v Secretary, Family and Community Services (No 2) [2019] NSWSC 43
DFaCS and Amber [2019] NSWChC 10
D v C; Re B (No 2) [2018] NSWCA 310
Bondelmonte v Bondelmonte (2017) 259 CLR 662
DFaCS and the Eastway Children [2017] NSWChC 3
Re Madison (No 2) [2015] NSWSC 27
AQY and AQZ v Administrative Decisions Tribunal of NSW [2013] NSWSC 1028
[3-1300]
Language and culture
[3-1320]
Non-accidental injury
SL v S, DFaCS [2016] NSWCA 124
[3-1340]
Parens patriae
Re Leonardo [2022] NSWSC 1265
GR v Secretary, DFaCSJ [2019] NSWCA 177
S, DFaCS re “Lee” [2015] NSWSC 1276
Re Tilly v Minister, FaCS [2015] NSWSC 1208
TF v DFaCS [2015] NSWSC 694
[3-1360]
“Parent” definition
Department of Communities and Justice (DCJ) and Cara (a pseudonym) [2021] NSWChC 3
Secretary, DFaCS and Krystal [2019] NSWChC 6
S, DFaCS and the Marks Children [2016] NSWChC 2
[3-1380]
Permanency planning
Department of Communities and Justice and Murphy [2020] NSWChC 12
Department of Communities and Justice and Jack and Jill [2020] NSWChC 3
BA v Secretary, Department of Communities and Justice [2019] NSWCA 206
[3-1400]
Proof
Isles and Nelissen [2022] FedCFamC1A 97
DCJ and Janet and Xing-fu [2022] NSWChC 7
M v M FC 88/063 (1988) 166 CLR 69
[3-1420]
Realistic possibility of restoration
Secretary, Department of Communities and Justice v KH [2022] NSWCA 221
GR v Secretary, Department of Communities and Justice [2022] NSWCA 153
Finn, Lincoln, Marina and Blake Hughes [2022] NSWChC 4
Department of Communities and Justice and Jamzie [2022] NSWChC 1
Secretary, Department of Communities and Justice v KH [2021] NSWCA 308
GR v Secretary, Department of Communities and Justice [2021] NSWCA 267
GR v Department of Communities and Justice [2021] NSWSC 1081
Y v Secretary, Department of Communities and Justice (No 6) [2021] NSWDC 392
Department of Communities and Justice and Bloom [2021] NSWChC 2
Secretary, Department of Communities and Justice and Fiona Farmer [2019] NSWChC 5
DFaCS and the Steward Children [2019] NSWChC 1
Re Tanya [2016] NSWSC 794
Re M (No 8) [2016] NSWSC 641
Re M (No 6) [2016] NSWSC 170
S, DFaCS and the Harper Children [2016] NSWChC 3
[3-1440]
Short-term orders
Department of Communities and Justice and Teddy [2020] NSWChC 1
[3-1460]
Unacceptable risk
Re Benji and Perry [2018] NSWSC 1750
AA v DFaCS [2016] NSWCA 323
DFaCS re Eggleton [2016] NSWChC 4
Re June [2013] NSWSC 969
[3-1480]
Unexplained injury
DCJ and Harry [2023] NSWChC 5
DCJ and Evie and Grace [2023] NSWChC 1