R.C. and P.K. v The Secretary, Department of Communities and Justice [2024] NSWDC 85

R.C. and P.K. v The Secretary, Department of Communities and Justice [2024] NSWDC 85

Given the lengthy delay, lack of prior effort to raise the new issue, risk of further delay contrary to the best interests of the children, and the risk of psychological harm from further assessment and disruption, the application for adjournment is refused as the threshold under s 94(4) of the Act is not met.

Parties
Appellant/plaintiff: R.C.; Appellant/plaintiff: P.K.; Defendant/respondent: The Secretary, Department of Communities and Justice; Independent Legal Representative for the Children: Ms Nelligan
Jurisdiction
Australia
Judgment Date
22 March 2024
Procedural Posture
Appeal / Interlocutory Application for Adjournment
Outcome
Application for adjournment refused; procedural directions made for further hearing and submissions.
Legal Topics
Adjournments, Appeal From Children's Court Decision, Best Interests of the Child, Children and Young Persons (care and Protection) Act 1998 (nsw)
Child Care Law Civil Procedure Adjournments Appeal From Children's Court Decision Best Interests of the Child Children and Young Persons (care and Protection) Act 1998 (nsw)

Case Brief

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Parties

R.C.

Appellant/plaintiff

P.K.

Appellant/plaintiff

The Secretary, Department of Communities and Justice

Defendant/respondent

Ms Nelligan

Independent Legal Representative for the Children

Procedural Posture

Appeal / Interlocutory Application for Adjournment

Legal Issues

  1. 1 Whether the application for adjournment under s 94(4) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) should be granted
  2. 2 Whether granting the adjournment is in the best interests of the children or there is some other cogent or substantial reason

Ratio Decidendi

Given the lengthy delay, lack of prior effort to raise the new issue, risk of further delay contrary to the best interests of the children, and the risk of psychological harm from further assessment and disruption, the application for adjournment is refused as the threshold under s 94(4) of the Act is not met.

Court Disposition

Application for adjournment refused; procedural directions made for further hearing and submissions.

Orders

  • The application for adjournment is refused.
  • The further hearing date of 30 April 2024 is confirmed.