DHJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 46

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

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Procedural Posture

Administrative Review / Application for Joinder of Parties

  1. 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.']