GSF v William Campbell Foundation [2024] NSWCATAD 379

GSF v William Campbell Foundation [2024] NSWCATAD 379

The application for interim orders returning the children to the Applicants' care is dismissed because the evidence establishes present risks to the safety, welfare and well-being of the children if returned to the Applicants and the best interests of the children are served by their remaining in their current placements pending final determination; further, the Tribunal proceeds to deal with the application absent internal review, as it is necessary to protect the Applicants' interests and the application was made within reasonable time.

Parties
First Applicant: GSF; Second Applicant: GSG; Respondent: William Campbell Foundation; Respondent: Department of Communities and Justice
Jurisdiction
Australia
Judgment Date
13 December 2024
Procedural Posture
Administrative Review / Interlocutory Application for Interim Orders
Outcome
Interim orders for return of children dismissed; application otherwise proceeds
Legal Topics
Interim Relief, Foster Care Placement, Administrative Review, Child Welfare, Procedural Fairness, Publication Restriction
Administrative Law Child Protection Law Interim Relief Foster Care Placement Administrative Review Child Welfare Procedural Fairness Publication Restriction

Case Brief

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Parties

GSF

First Applicant

GSG

Second Applicant

William Campbell Foundation

Respondent

Department of Communities and Justice

Respondent

Procedural Posture

Administrative Review / Interlocutory Application for Interim Orders

Legal Issues

  1. 1 Whether the Tribunal should deal with the application for review absent an internal review
  2. 2 Whether an interim order returning the children to the Applicants' care is desirable or appropriate
  3. 3 The proper arrangement for contact between Applicants and children pending final determination

Ratio Decidendi

The application for interim orders returning the children to the Applicants' care is dismissed because the evidence establishes present risks to the safety, welfare and well-being of the children if returned to the Applicants and the best interests of the children are served by their remaining in their current placements pending final determination; further, the Tribunal proceeds to deal with the application absent internal review, as it is necessary to protect the Applicants' interests and the application was made within reasonable time.

Court Disposition

Interim orders for return of children dismissed; application otherwise proceeds

Orders

  • Application for administrative review is to be dealt with by Tribunal notwithstanding no internal review sought.
  • Interim order for children to be returned to Applicants is dismissed.