Re Greta [2012] NSWSC 294

Re Greta [2012] NSWSC 294

There was no jurisdictional error by the Children's Court: the statutory criteria under s 90(2) and s 90(2A)(d) were properly considered on the evidence. The requirement to consider 'plans for the child' is met by inferring planned long-term placement from the application. The plaintiff's application for certiorari is accordingly dismissed.

Jurisdiction
Australia
Judgment Date
02 April 2012
Procedural Posture
Judicial Review / Decision on Application for Certiorari
Outcome
Application dismissed
Legal Topics
['certiorari' 'judicial Review' 'care Orders' 'rescission and Variation of Care Orders']
['administrative Law' 'family Law'] ['certiorari' 'judicial Review' 'care Orders' 'rescission and Variation of Care Orders']

Case Brief

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Procedural Posture

Judicial Review / Decision on Application for Certiorari

Legal Issues

  1. 1 ["Whether the Children's Court failed to properly consider an application for leave to apply for rescission of a care order" 'Whether there was jurisdictional error in finding significant changes in relevant circumstances' 'Whether failure to consider the plans for the children constituted error on the face of the record']

Ratio Decidendi

There was no jurisdictional error by the Children's Court: the statutory criteria under s 90(2) and s 90(2A)(d) were properly considered on the evidence. The requirement to consider 'plans for the child' is met by inferring planned long-term placement from the application. The plaintiff's application for certiorari is accordingly dismissed.

Court Disposition

Application dismissed

Orders

  • ["Plaintiff's claim for relief by way of certiorari is dismissed"]