Re Sarah

[2013] NSWCA 379

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Re Sarah [2013] NSWCA 379

Hearing dates:

5 November 2013

Decision date:

05 November 2013

Before:

Meagher JA at [1]
Barrett JA at [28]
Ward JA at [35]

Decision:

1. Extend time for application for leave to appeal to 5 November 2013;

2. Dismiss application for leave to appeal;

3. Dismiss first respondent's notice of motion of 27 August 2013;

4. Order applicant to pay respondents' costs of these proceedings.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

FAMILY LAW AND CHILD WELFARE - child welfare under state legislation - adoption - where it is not apparent on the child's instrument of consent that the child's counsellor has certified that the child understands the effect of signing that instrument - where no notification of putative birth father or consent dispense order thereto - whether in the best interests of the child to grant leave to appeal

Legislation Cited:

Adoption Act 2000
Children and Young Persons (Care and Protection) Act 1998
Status of Children Act 1996
Supreme Court Act 1970
Uniform Civil Procedure Rules 2005

Cases Cited:

Clyne v NSW Bar Association [1960] HCA 40; (1960) 104 CLR 186
D v Director-General Department of Community Services [2005] NSWCA 474
Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521
Director-General, Family and Community Services Re Felicity [2012] NSWCA 272
Druett v Director-General of Community Services [2001] NSWCA 126
GKD v Director-General, Attorney General's Department [2012] NSWCA 219
Krishna v Lovett [2011] NSWCA 354
Moulieux Pty Limited & Girvan NSW Pty Ltd (Receiver and Manager Appointed) (Court of Appeal, 20 September 1991, unreported)
Re DG and The Adoption Act 2000 (NSW) [2007] FMCAfam 712; (2007) 38 Fam LR 122
Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509

Category:

Principal judgment

Parties:

JL (Applicant)
KLP and JSP (First Respondent)
Director-General, Department of Family and Community Services (Second Respondent)

Representation:

Counsel:
Applicant self represented
G Moore (First Respondent)
Ms S Christie (Second Respondent)
R D Wilson SC (Amicus curiae)
Solicitors:
Ellis McLachlan Solicitors (First Respondent)
I V Knight, Crown Solicitor (Second Respondent)

File Number(s):

CA 2013/212651

 Decision under appeal 

Date of Decision:

2012-03-02 00:00:00

Before:

Black J

File Number(s):

A167/2011

Judgment

1. MEAGHER JA: These are my reasons for joining in the orders made by the Court on 5 November 2013. Those orders extended the time for the applicant to apply for leave to appeal and dismissed that application with costs.

1. The applicant is the natural mother of Sarah who in March 2012 was 12 years and 9 months old. She sought to…