In the matter of Campbell [2011] NSWSC 761

In the matter of Campbell [2011] NSWSC 761

None of the four matters identified by the plaintiff constitutes a significant change in relevant circumstances. The plaintiff does not have an arguable case for rescission or variation of the care order, and the discretion to grant leave should not be exercised.

Parties
Plaintiff: KC; First Defendant: Minister of Community Services; Second Defendant: Director-General, Department of Human Services; Third Defendant: SC; Fourth Defendant, Independent Legal Representative for the Child: Ms Hall
Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Application Under Children and Young Persons (care and Protection) Act 1998 (nsw) / Application for Leave to Vary or Rescind Care Order
Outcome
Application for leave to vary or rescind the existing care order of 12 December 2008 refused.
Legal Topics
Care Orders, Parental Responsibility, Adoption, Significant Change in Relevant Circumstances
Child Welfare Family Law Administrative Law Care Orders Parental Responsibility Adoption Significant Change in Relevant Circumstances

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Parties

KC

Plaintiff

Minister of Community Services

First Defendant

Director-General, Department of Human Services

Second Defendant

SC

Third Defendant

Ms Hall

Fourth Defendant, Independent Legal Representative for the Child

Procedural Posture

Application Under Children and Young Persons (care and Protection) Act 1998 (nsw) / Application for Leave to Vary or Rescind Care Order

Legal Issues

  1. 1 Has there been a significant change in any relevant circumstances since the care order was made?
  2. 2 Do the four matters raised by the plaintiff constitute a significant change under s 90(2) of the Care Act?
  3. 3 Does the plaintiff have an arguable case for leave to rescind or vary the existing care order?

Ratio Decidendi

None of the four matters identified by the plaintiff constitutes a significant change in relevant circumstances. The plaintiff does not have an arguable case for rescission or variation of the care order, and the discretion to grant leave should not be exercised.

Court Disposition

Application for leave to vary or rescind the existing care order of 12 December 2008 refused.

Orders

  • Leave to apply to rescind or vary care order refused.