JH v Secretary, Department of Communities and Justice & Ors (No 2) [2023] NSWDC 317

JH v Secretary, Department of Communities and Justice & Ors (No 2) [2023] NSWDC 317

The application for a further assessment order was refused because the applicant failed to identify specific deficiencies in the prior assessment, did not establish material new developments warranting a new assessment, and any potential value of a further assessment did not outweigh the likely distress to the children or the adverse impact on the prompt resolution of the appeal.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Civil Appeal / Interlocutory Application (assessment Order) Prior to Appeal Hearing
Outcome
Application for further assessment order dismissed
Legal Topics
['assessment Order' 'parenting Capacity' "appeal From Children's Court" 'parental Responsibility' 'expert Evidence']
['family Law' 'child Welfare'] ['assessment Order' 'parenting Capacity' "appeal From Children's Court" 'parental Responsibility' 'expert Evidence']

Case Brief

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Procedural Posture

Civil Appeal / Interlocutory Application (assessment Order) Prior to Appeal Hearing

Legal Issues

  1. 1 ["Whether a further assessment order should be made regarding the applicant's parenting capacity under the Children and Young Persons (Care and Protection) Act 1998 (NSW)" 'Whether there is sufficient change in circumstances since the previous assessment to warrant a new assessment' 'Whether a new assessment is likely to provide information relevant to the appeal that cannot be obtained elsewhere' 'Whether the distress to the children from further assessment is outweighed by the possible value of new information']

Ratio Decidendi

The application for a further assessment order was refused because the applicant failed to identify specific deficiencies in the prior assessment, did not establish material new developments warranting a new assessment, and any potential value of a further assessment did not outweigh the likely distress to the children or the adverse impact on the prompt resolution of the appeal.

Court Disposition

Application for further assessment order dismissed

Orders

  • ["The applicant's Application dated 13 June 2023 is dismissed." 'Case management directions proposed regarding the conduct and timetable for the hearing of the appeal.']