CHILD WELFARE - care proceedings - application by foster carers challenging decision of the Children's Court - whether magistrate erred in rejecting evidence - need to weigh advantages of admitting probative evidence against disadvantages of admitting improperly obtained evidence - whether magistrate failed to apply s 79(3) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) - whether magistrate took into account, and acted on, irrelevant considerations
CHILD WELFARE - care proceedings - where statutory opportunity to be heard on matters of significant impact - whether foster carers were entitled to that opportunity - what constitutes an opportunity to be heard - Children and Young Persons (Care and Protection) Act 1998 (NSW) s 87
CHILD WELFARE - care proceedings - whether foster carers have standing to seek relief under s 69 Supreme Court Act 1970 (NSW) - if not, whether manifest defects in hearing before and reasons of Children's Court constitute "exceptional circumstances" - whether Supreme Court may, in the exercise of parens patriae jurisdiction, grant relief under s 69 Supreme Court Act 1970 (NSW)
EVIDENCE - care proceedings - admissibility - assessment reports - where assessment report obtained outside the assessment process outlined in the Children and Young Persons (Care and Protection) Act 1998 (NSW) - where report was not prepared pursuant to court order - relevant principles - Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 52, 53, 54, 55, 56, 57, 58, 59
Case Details
Citation[2013] NSWSC 1111
CourtNSWSC
JurisdictionNew South Wales
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