DHJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 46
The grandparents' interests were affected by the decision, as they had made arrangements to care for the child and had a continuing relationship with her; they had a genuine concern in the subject-matter and could not be regarded as mere intermeddlers. They were therefore proper parties to be joined to the proceedings.
- Jurisdiction
- Australia
- Judgment Date
- 05 February 2018
- Procedural Posture
- Administrative Review / Application for Joinder of Parties
- Outcome
- Third and fourth respondents (DIB and DID) joined as parties; non-publication order made for their names.
- Legal Topics
- ['joinder of Parties' 'review of Agency Decision' 'merits Review' 'non Publication Order']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Administrative Review / Application for Joinder of Parties
Legal Issues
- 1 ["Whether the grandparents (DIB and DID) should be joined as parties to proceedings reviewing the decision to remove a foster child from the applicant's care"]
Ratio Decidendi
The grandparents' interests were affected by the decision, as they had made arrangements to care for the child and had a continuing relationship with her; they had a genuine concern in the subject-matter and could not be regarded as mere intermeddlers. They were therefore proper parties to be joined to the proceedings.
Court Disposition
Third and fourth respondents (DIB and DID) joined as parties; non-publication order made for their names.
Orders
- ['DIB is joined as a party.' 'DID is joined as a party.' 'The publication or broadcast of the names of the joined parties is prohibited.']
Full Case Text
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