Re June [2013] NSWSC 969

Re June [2013] NSWSC 969

The proceedings in the Children's Court miscarried because the magistrate failed to admit relevant, probative evidence, denied the foster carers an opportunity to be heard, and failed to apply the correct statutory principles as required under the Children and Young Persons (Care and Protection) Act 1998 (NSW). These defects constituted exceptional circumstances justifying Supreme Court intervention and quashing of the Children's Court orders.

Parties
First Plaintiff: Foster Father; Second Plaintiff: Foster Mother; First Defendant: Director General, Department of Family and Community Services; Second Defendant: Father; Third Defendant: Child; Fourth Defendant: Mother; Independent Legal Representative: Independent Legal Representative
Jurisdiction
Australia
Judgment Date
09 July 2013
Procedural Posture
Judicial Review / Care Proceedings / Judgment Following Application to Quash Orders of Children's Court and Remit Matter
Outcome
Orders of Children's Court quashed; matter remitted to be heard by a different magistrate in accordance with law.
Legal Topics
Care Proceedings, Procedural Fairness, Admissibility of Evidence, Standing of Foster Carers, Parens Patriae Jurisdiction
Child Welfare Administrative Law Care Proceedings Procedural Fairness Admissibility of Evidence Standing of Foster Carers Parens Patriae Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Foster Father

First Plaintiff

Foster Mother

Second Plaintiff

Director General, Department of Family and Community Services

First Defendant

Father

Second Defendant

Child

Third Defendant

Mother

Fourth Defendant

Independent Legal Representative

Independent Legal Representative

Procedural Posture

Judicial Review / Care Proceedings / Judgment Following Application to Quash Orders of Children's Court and Remit Matter

Legal Issues

  1. 1 Whether magistrate erred in failing to admit relevant evidence
  2. 2 Whether foster carers were afforded opportunity to be heard as required by s 87 of the Children and Young Persons (Care and Protection) Act 1998 (NSW)
  3. 3 Whether the magistrate properly applied s 79(3) of the Children and Young Persons (Care and Protection) Act 1998 (NSW)

Ratio Decidendi

The proceedings in the Children's Court miscarried because the magistrate failed to admit relevant, probative evidence, denied the foster carers an opportunity to be heard, and failed to apply the correct statutory principles as required under the Children and Young Persons (Care and Protection) Act 1998 (NSW). These defects constituted exceptional circumstances justifying Supreme Court intervention and quashing of the Children's Court orders.

Court Disposition

Orders of Children's Court quashed; matter remitted to be heard by a different magistrate in accordance with law.

Orders

  • Order of the Children's Court at Orange made on 26 June 2013 quashed.
  • Matter remitted to the Children's Court to be heard and determined according to law.