FQT v Key Assets (No 2) [2022] NSWCATAD 417

FQT v Key Assets (No 2) [2022] NSWCATAD 417

The Tribunal was not satisfied that the evidence, including the notes of the conversation with the children, demonstrated that the children were refusing to return home. Their answers had to be considered in the context of their sudden removal a little over a week earlier, their long period in the applicant's care, and the confusion likely caused by recent events. Accordingly, the respondent did not establish a basis to revoke the interim order, although the time for compliance was extended.

Jurisdiction
Australia
Judgment Date
23 December 2022
Procedural Posture
Administrative and Equal Opportunity Division Proceedings Concerning Interim Orders for Return of Children in an Out of Home Care/restoration Context / Urgent Interlocutory Hearing of the Respondent's Miscellaneous Application to Revoke an Interim Order
Outcome
The respondent's application to revoke the interim orders was dismissed; time for compliance was extended; separate representation for the children was ordered; and the Secretary, Department of Communities and Justice, was to be notified and asked for views on joinder.
Legal Topics
['interim Orders' 'revocation of Interim Orders' 'out of Home Care' 'restoration' 'separate Representation of Children' 'joinder Notification to Department of Communities and Justice']
['administrative Law' 'children and Young Persons' 'civil and Administrative Tribunal Procedure'] ['interim Orders' 'revocation of Interim Orders' 'out of Home Care' 'restoration' 'separate Representation of Children' 'joinder Notification to Department of Communities and Justice']

Case Brief

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Procedural Posture

Administrative and Equal Opportunity Division Proceedings Concerning Interim Orders for Return of Children in an Out of Home Care/restoration Context / Urgent Interlocutory Hearing of the Respondent's Miscellaneous Application to Revoke an Interim Order

Legal Issues

  1. 1 ['Whether the interim order made on 22 December 2022 requiring two children to be returned to the applicant should be revoked.' "Whether the children's responses to the respondent's employees amounted to a refusal to return home sufficient to justify revocation of the interim order." 'Whether the children should be separately represented because the proceedings significantly affect them.' 'Whether the Secretary, Department of Communities and Justice, should be notified of the proceedings and asked for views about joinder.']

Ratio Decidendi

The Tribunal was not satisfied that the evidence, including the notes of the conversation with the children, demonstrated that the children were refusing to return home. Their answers had to be considered in the context of their sudden removal a little over a week earlier, their long period in the applicant's care, and the confusion likely caused by recent events. Accordingly, the respondent did not establish a basis to revoke the interim order, although the time for compliance was extended.

Court Disposition

The respondent's application to revoke the interim orders was dismissed; time for compliance was extended; separate representation for the children was ordered; and the Secretary, Department of Communities and Justice, was to be notified and asked for views on joinder.

Orders

  • ['The application by Key Assets to revoke the orders made by the Tribunal on 22 December 2022 is dismissed.' 'The time for Key Assets to comply with direction 3 made by the Tribunal on 22 December 2022 is extended to 7pm on 23 December 2022.' 'On finding that these proceedings significantly affect children, namely...