C v D and The Secretary, Department of Family and Community Services [2019] NSWDC 389

C v D and The Secretary, Department of Family and Community Services [2019] NSWDC 389

Because all affected parties consented to final orders resolving the proceedings and the Court was satisfied that the consent orders were appropriate in the care proceedings, the appeal was allowed and the Children's Court orders made on 15 December 2017 were rescinded.

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Child Care Appeal / Final Orders on the Papers by Consent
Outcome
Appeal allowed; Children's Court orders rescinded; child care proceedings finalised.
Legal Topics
['child Care Appeal' 'final Orders' 'consent Orders' "rescission of Children's Court Orders" 'parental Responsibility']
['child Protection'] ['child Care Appeal' 'final Orders' 'consent Orders' "rescission of Children's Court Orders" 'parental Responsibility']

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Procedural Posture

Child Care Appeal / Final Orders on the Papers by Consent

Legal Issues

  1. 1 ['Whether the Court should make the final consent orders requested by all affected parties to resolve the child care appeal.' "Whether the orders made in the Children's Court at Tweed Heads on 15 December 2017 should be rescinded pursuant to s 90(7)(a) of the Children and Young Persons (Care and Protection) Act 1998 (NSW)."]

Ratio Decidendi

Because all affected parties consented to final orders resolving the proceedings and the Court was satisfied that the consent orders were appropriate in the care proceedings, the appeal was allowed and the Children's Court orders made on 15 December 2017 were rescinded.

Court Disposition

Appeal allowed; Children's Court orders rescinded; child care proceedings finalised.

Orders

  • ['Appeal allowed;' "Pursuant to s 90(7)(a) of the Children and Young Persons (Care and Protection) Act 1998 (NSW), the orders made in proceedings numbered 2017/206220 in the Children's Court at Tweed Heads on 15 December 2017 are rescinded."]