D v C; Re B (No 2)

• 1. Child Welfare
  2. › Care and protection
  3. › Final care orders
  4. › Whether orders granting parental responsibility to a parent are 'final care orders'
  5. › Whether preconditions in ss 80 and 83(7) apply to orders not made on Secretary's application for removal
  6. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 78, 80, 83
• 1. Child Welfare
  2. › Care and protection
  3. › Nature of proceedings
  4. › Obligation not to conduct proceedings in adversarial manner
  5. › Power of court to examine and cross-examine witnesses
  6. › Content of procedural fairness in non-adversarial jurisdiction
  7. › Extent to which court should depart from course agreed upon by parties
  8. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 93, 107
• 1. Judicial Review
  2. › Procedural fairness
  3. › Content of procedural fairness
  4. › Non-adversarial jurisdiction
  5. › Whether procedural fairness required adjournment where trial judge departed from case put by parties
  6. › Whether denial of opportunity to adduce responsive evidence constituted procedural unfairness
• 1. Statutory Interpretation
  2. › Immediate context
  3. › Structure of statute
  4. › Importance of reading provisions in context and with regard to internal structure
  5. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 78, 80, 83

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