Important cases

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Important cases

Aboriginal and Torres Strait Islander placement principles

[3-1000] Re Lucinda Porter (No 2) [2023] NSWChC 2
Re Malakhai [2022] NSWChC 6
Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83
Department of Communities and Justice and Masters [2020] NSWChC 7
Adoption of B [2019] NSWSC 908
Fischer v Thompson (Anonymised) [2019] NSWSC 773
Re Timothy [2010] NSWSC 524
Re Victoria and Marcus [2010] CLN 2

[3-1020] Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83
Department of Communities and Justice and Jake [2020] NSWChC 2
Adoption of B [2019] NSWSC 908
Fischer v Thompson (Anonymised) [2019] NSWSC 773
Department of Communities and Justice and the Stonsky Children [2019] NSWChC 8
Adoption of SRB, CJB and RDB [2014] NSWSC 138

[3-1040] Polsen v Harrison [2021] NSWCA 23
JL v S, DFaCS [2015] NSWCA 88

Care and protection

[3-1060] RC and PK v Secretary, Department of Communities and Justice [2024] NSWDC 196
Department of Communities and Justice (DCJ) and Skyla [2023] NSWChC 12
DCJ and Evie and Grace [2023] NSWChC 1
Y (a pseudonym) v Secretary, Communities and Justice (No 4) [2021] NSWDC 81
Department of Communities and Justice and Jacinta [2021] NSWChC 5
CXZ v Children’s Guardian [2020] NSWCA 338
Secretary, Department of Communities and Justice v B [2020] NSWDC 736
A v Secretary, Department of Communities and Justice (No 4) [2019] NSWSC 1872
Re Benji and Perry [2018] NSWSC 1750
NU v NSW Secretary of Family and Community Services [2017] NSWCA 221
AA v DFaCS [2016] NSWCA 323
DFaCS re Eggleton [2016] NSWChC 4
Re June [2013] NSWSC 969
Re Sophie (No 2) [2009] NSWCA 89
Re Jayden [2007] NSWCA 35
SB v Parramatta Children’s Court [2007] NSWSC 1297
Re Alistair [2006] NSWSC 411

[3-1080] DCJ and Evie and Grace [2023] NSWChC 1
JE v Secretary, DFaCS [2019] NSWCA 162
DFaCS and Nicole [2018] NSWChC 3
DFaCS and the Slade Children [2017] NSWChC 4
C v S, FaCS [2016] NSWDC 103

Change in circumstances/rescission or variation of care plans

[3-1100] LZ v Secretary, Department of Family and Community Services [2019] NSWDC 156
DFaCS and Bridget [2019] NSWChC 4
Re Jeremy (a pseudonym); DM v Secretary, Department of Family and Community Services [2017] NSWCA 220
FaCS v Kestle [2012] NSWChC 2
Re Campbell [2011] NSWSC 761
Re Hamilton [2010] CLN 2
S v Department of Community Services [2002] NSWCA 151

Child Representatives/Independent Legal Representative (ILRs)

[3-1120] GR v Secretary, Department of Communities and Justice [2021] NSWCA 301
GR v Department of Communities and Justice [2020] NSWSC 1622
DFaCS and the Prince Children [2019] NSWChC 2
DFaCS and Leo [2019] NSWChC 3
SL v S, DFaCS [2016] NSWCA 124
Re Jayden [2007] NSWCA 35

Contact orders

[3-1140] SM v Director-General, Department of Human Services [2010] NSWDC 250
Re Hamilton [2010] CLN 2
Re Liam [2005] NSWSC 75
Re Helen [2004] NSWLC 7

Convention on the Rights of the Child

[3-1160] Re Henry [2015] NSWCA 89
JL v S, DFaCS [2015] NSWCA 88
Re Tracey (2011) 80 NSWLR 261

[3-1180] Department of Communities and Justice (DCJ) and Layla, Jasmine and Zara [2023] NSWChC 14
Department of Communities and Justice (DCJ) and Katie [2023] NSWChC 11
Y v Secretary, Department of Communities and Justice (No 7) [2021] NSWDC 477
Re: A Costs Appellant Carer (a pseudonym) v Secretary, Department of Communities and Justice [2021] NSWDC 197
Re A Foster Carer v DFaCS (No 2) [2018] NSWDC 71
S, DFaCS and the Knoll Children (Costs) [2015] NSWChC 2

[3-1190] VC v Secretary of the Department of Communities and Justice [2024] NSWDC 166

Experts’ reports

[3-1200] J & T v DCJ [2023] NSWDC 78
Jones v Booth [2019] NSWSC 1066
Department of Family and Community Services and the Jacobs children [2019] NSWChC 11
DFaCS and Amber [2019] NSWChC 10
Secretary, Department of Family and Community Services v Hayward (a pseudonym) (2018) 98 NSWLR 599
Hayward v R (2018) 97 NSWLR 852
R v Hayward [2017] NSWSC 1170

Guardian ad litem

[3-1220] CM v Secretary, Department of Communities and Justice [2022] NSWCA 120
GR v Secretary, Department of Communities and Justice [2021] NSWCA 267
GR v Secretary, Department of Communities and Justice [2021] NSWCA 157
CM v Secretary, Department of Communities and Justice [2021] NSWSC 1442
GR v Department of Communities and Justice [2020] NSWSC 1622

Identification of children in the media

[3-1240] Burton v DPP [2022] NSWCA 242
Burton v DPP (NSW) [2021] NSWSC 1230
Burton v DPP (2019) 100 NSWLR 734
AB (a pseudonym) v R (No 3) (2019) 97 NSWLR 1046
Secretary, DFaCS v Smith (2017) 95 NSWLR 597

[3-1260] In re a Child [2022] NSWSC 671
AB and JB v Secretary [2021] NSWDC 626
EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226
Secretary, DFaCS and Krystal [2019] NSWChC 6
GO v Secretary, Department of Communities and Justice [2017] NSWDC 198
Department of Communities and Justice and Lara [2017] NSWChC 6

Jurisdiction

[3-1280] DN v Secretary, DCJ [2023] NSWSC 595
Department of Communities and Justice (DCJ) and May, June and Roy [2023] NSWChC 15
Secretary, Department of Communities and Justice v KH [2022] NSWCA 221
Harris (pseudonym) v Secretary, Department of Communities and Justice [2021] NSWCA 261
JH v Secretary, Department of Communities and Justice [2021] NSWSC 1539
A v Department of Communities and Justice [2021] NSWSC 937
Department of Communities and Justice and Jacinta [2021] NSWChC 5
Department of Communities and Justice (DCJ) and Cara (a pseudonym) [2021] NSWChC 3
A v Secretary, Family and Community Services (No 2) [2019] NSWSC 43
Department of Family and Community Services and the Jacobs children [2019] NSWChC 11
DFaCS and Amber [2019] NSWChC 10
D v C; Re B (No 2) [2018] NSWCA 310
Bondelmonte v Bondelmonte (2017) 259 CLR 662
DFaCS and the Slade Children [2017] NSWChC 4
DFaCS and the Eastway Children [2017] NSWChC 3
Re Madison (No 2) [2015] NSWSC 27
AQY and AQZ v Administrative Decisions Tribunal of NSW [2013] NSWSC 1028

Language and culture

[3-1300] Other cases
Secretary, Department of Communities and Justice and Fiona Farmer [2019] NSWChC 5

Non-accidental injury

[3-1320] DCJ and Evie and Grace [2023] NSWChC 1
SL v S, DFaCS [2016] NSWCA 124

Parens patriae

[3-1340] Re Leonardo [2022] NSWSC 1265
GR v Secretary, DFaCSJ [2019] NSWCA 177
S, DFaCS re “Lee” [2015] NSWSC 1276
Re Tilly v Minister, FaCS [2015] NSWSC 1208
TF v DFaCS [2015] NSWSC 694

“Parent” definition

[3-1360] Department of Communities and Justice (DCJ) and Cara (a pseudonym) [2021] NSWChC 3
Secretary, DFaCS and Krystal [2019] NSWChC 6
S, DFaCS and the Marks Children [2016] NSWChC 2

Permanency planning

[3-1380] Department of Communities and Justice (DCJ) and Phoebe and Katelyn Wilson [2024] NSWChC 9
DCJ and Evie and Grace [2023] NSWChC 1
Department of Communities and Justice and Murphy [2020] NSWChC 12
Department of Communities and Justice and Jack and Jill [2020] NSWChC 3
Department of Communities and Justice and Jake [2020] NSWChC 2
Department of Communities and Justice and Teddy [2020] NSWChC 1
BA v Secretary, Department of Communities and Justice [2019] NSWCA 206
Department of Communities and Justice and the Stonsky Children [2019] NSWChC 8

[3-1400] Isles and Nelissen [2022] FedCFamC1A 97
DCJ and Janet and Xing-fu [2022] NSWChC 7
NU v NSW Secretary of Family and Community Services [2017] NSWCA 221
Re Sophie (No 2) [2009] NSWCA 89
M v M FC 88/063 (1988) 166 CLR 69

Realistic possibility of restoration

[3-1420] VC v Secretary, Department of Communities and Justice (No 2) [2024] NSWDC 192
Department of Communities and Justice (DCJ) and the Dalton Tomkins Children [2023] NSWChC 10
DCJ and Evie and Grace [2023] NSWChC 1
Secretary, Department of Communities and Justice v KH [2022] NSWCA 221
GR v Secretary, Department of Communities and Justice [2022] NSWCA 153
Re Malakhai [2022] NSWChC 6
Finn, Lincoln, Marina and Blake Hughes [2022] NSWChC 4
Department of Communities and Justice and Jamzie [2022] NSWChC 1
Secretary, Department of Communities and Justice v KH [2021] NSWCA 308
GR v Secretary, Department of Communities and Justice [2021] NSWCA 267
GR v Department of Communities and Justice [2021] NSWSC 1081
Y v Secretary, Department of Communities and Justice (No 6) [2021] NSWDC 392
Department of Communities and Justice and Bloom [2021] NSWChC 2
Secretary, Department of Communities and Justice and Fiona Farmer [2019] NSWChC 5
DFaCS and the Steward Children [2019] NSWChC 1
Re Tanya [2016] NSWSC 794
Re M (No 8) [2016] NSWSC 641
Re M (No 6) [2016] NSWSC 170
S, DFaCS and the Harper Children [2016] NSWChC 3
Re Henry [2015] NSWCA 89
Re Tracey (2011) 80 NSWLR 261

Short-term orders

[3-1440] Department of Communities and Justice and Teddy [2020] NSWChC 1
Department of Communities and Justice and Jack and Jill [2020] NSWChC 3
Department of Communities and Justice and Jake [2020] NSWChC 2
Department of Communities and Justice and the Stonsky Children [2019] NSWChC 8
Bondelmonte v Bondelmonte (2017) 259 CLR 662
Re Jayden [2007] NSWCA 35

Unacceptable risk

[3-1460] Department of Communities and Justice (DCJ) and the Dixon Children [2024] NSWChC 8
DCJ and Evie and Grace [2023] NSWChC 1
Isles and Nelissen [2022] FedCFamC1A 97
DCJ and Janet and Xing-fu [2022] NSWChC 7
A v Secretary, Department of Communities and Justice (No 4) [2019] NSWSC 1872
Re Benji and Perry [2018] NSWSC 1750
AA v DFaCS [2016] NSWCA 323
DFaCS re Eggleton [2016] NSWChC 4
S, DFaCS and the Marks Children [2016] NSWChC 2
Re June [2013] NSWSC 969

Unexplained injury

[3-1480] DCJ and Harry [2023] NSWChC 5
DCJ and Evie and Grace [2023] NSWChC 1

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