A v Secretary, Family and Community Services (No 2) [2019] NSWSC 43

A v Secretary, Family and Community Services (No 2) [2019] NSWSC 43

The plaintiffs did not establish any error on the face of the record, jurisdictional error, denial of procedural fairness, or evidentiary basis for supervisory or parens patriae intervention. The Children's Court could act on the parents' earlier consent without admissions, Crompton CM's reasons disclosed a lawful consideration of the evidence and the statutory test, the Children's Court had no duty to call or test evidence itself, the requested document orders sought creation of documents rather than production and were not shown to be within power or appropriate, and the matters concerning care plans, placement and restoration were for the Children's Court to determine at the impending...

Jurisdiction
Australia
Judgment Date
05 February 2019
Procedural Posture
Judicial Review and Parens Patriae Summons Concerning Children's Court Care Proceedings / Principal Judgment After Hearing; Summons Dismissed
Outcome
Summons dismissed.
Legal Topics
['judicial Review' 'parens Patriae Jurisdiction' 'error on the Face of the Record' 'jurisdictional Error' 'procedural Fairness' 'care and Protection Orders' "children's Court Proceedings" 'subpoenas and Production of Documents']
['administrative Law' 'family Law and Child Welfare' 'child Protection'] ['judicial Review' 'parens Patriae Jurisdiction' 'error on the Face of the Record' 'jurisdictional Error' 'procedural Fairness' 'care and Protection Orders' "children's Court Proceedings" 'subpoenas and Production of Documents']

Case Brief

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Procedural Posture

Judicial Review and Parens Patriae Summons Concerning Children's Court Care Proceedings / Principal Judgment After Hearing; Summons Dismissed

Legal Issues

  1. 1 ["Whether declarations should be made that the Children's Court findings of 12 December 2017 and 23 August 2018 that the children were in need of care and protection were invalid." "Whether the Children's Court should be prohibited from conducting the final hearing until an establishment hearing had been conducted and determined according to law." "Whether the Secretary should be ordered to produce, or procure the creation of, identified transcripts and sworn statements, or remove references to the information from the Children's Court files." 'Whether the Secretary should be prohibited from placing the children in the care of persons residing in another country pending final determination.' "Whether the Supreme Court should exercise its parens patriae jurisdiction to restore D to A's day-to-day care or make related supervision or parental responsibility orders." 'Whether the plaintiffs established error on the face of the record, jurisdictional error, denial of procedural fairness, or a basis founded on the safety, welfare and wellbeing of the children.']

Ratio Decidendi

The plaintiffs did not establish any error on the face of the record, jurisdictional error, denial of procedural fairness, or evidentiary basis for supervisory or parens patriae intervention. The Children's Court could act on the parents' earlier consent without admissions, Crompton CM's reasons disclosed a lawful consideration of the evidence and the statutory test, the Children's Court had no duty to call or test evidence itself, the requested document orders sought creation of documents rather than production and were not shown to be within power or appropriate, and the matters concerning care plans, placement and restoration were for the Children's Court to determine at the impending...

Court Disposition

Summons dismissed.

Orders

  • ['The summons is dismissed.' 'The Court will hear the parties on costs, if they wish to be heard.']