NU v NSW Secretary of Family and Community Services

• 1. Family Law and Child Welfare
  2. › Child welfare under State legislation
  3. › Care and protection proceedings
  4. › Permanent care order
  5. › Whether unacceptable risk of harm to child
  6. › Whether inability to make positive finding of abuse determinative of unacceptable risk question
  7. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 71, 78, 79, 83, 91, 93
• 1. Administrative Law
  2. › Judicial review
  3. › Denial of procedural fairness
  4. › Rule in Browne v Dunn
  5. › Whether absence of cross-examination on particulars of allegation precluded finding of unacceptable risk
  6. › Whether witness on notice of allegation must be cross-examined on particulars
• 1. Evidence
  2. › Standard of proof
  3. › Briginshaw standard
  4. › Proceedings under Children and Young Persons (Care and Protection) Act 1998 (NSW)
  5. › Whether s 140 of Evidence Act 1995 (NSW) applies where rules of evidence excluded
  6. › Application of Briginshaw standard in care proceedings involving allegations of sexual abuse
  7. › Evidence Act 1995 (NSW), s 140
• 1. Evidence
  2. › Cross-examination
  3. › Rule in Browne v Dunn
  4. › Failure to cross-examine witness
  5. › Whether failure to cross-examine requires acceptance of witness's evidence
  6. › Whether witness on notice of contested allegation must be cross-examined on particulars

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