Department of Communities and Justice (DCJ) and the Stone and Bates Children [2020] NSWChC 6

Department of Communities and Justice (DCJ) and the Stone and Bates Children [2020] NSWChC 6

The Carers, by virtue of their long-term care for the children, have demonstrated an objectively sufficient interest in the welfare of the children for the purposes of s 90(1AA)(e) and are not excluded by delay, lack of contact, or loss of professional status; they have standing to bring the s 90 application.

Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Care and Protection / Preliminary Threshold Decision on Standing Under S 90 of the Care Act
Outcome
The Carers have standing under s 90 of the Care Act to bring their application.
Legal Topics
['standing Under S 90 of the Children and Young Persons (care and Protection) Act 1998' 'care and Protection Orders' 'parental Responsibility' "interpretation of 'sufficient Interest'" "jurisdictional Questions Between Children's Court and Ncat"]
['child Law' 'administrative Law'] ['standing Under S 90 of the Children and Young Persons (care and Protection) Act 1998' 'care and Protection Orders' 'parental Responsibility' "interpretation of 'sufficient Interest'" "jurisdictional Questions Between Children's Court and Ncat"]

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Procedural Posture

Care and Protection / Preliminary Threshold Decision on Standing Under S 90 of the Care Act

Legal Issues

  1. 1 ['Whether the Carers have standing to bring a s 90 application for rescission or variation of care orders under the Care Act' "Interpretation of 'sufficient interest' required for standing under s 90(1AA)(e)" 'Effect of removal of children on sufficiency of interest' 'Impact of delay and conduct after removal on standing']

Ratio Decidendi

The Carers, by virtue of their long-term care for the children, have demonstrated an objectively sufficient interest in the welfare of the children for the purposes of s 90(1AA)(e) and are not excluded by delay, lack of contact, or loss of professional status; they have standing to bring the s 90 application.

Court Disposition

The Carers have standing under s 90 of the Care Act to bring their application.

Orders

  • ['The Carers are found to have standing under s 90(1AA)(e) of the Care Act to bring their application for rescission or variation of final care orders.' 'Orders 3 and 4 of both applications, seeking immediate return and restoration of the children, are to be struck out for lack of jurisdiction to grant such orders.']