Secretary, Department of Communities and Justice v KH

[2021] NSWCA 308

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Interim stay pending judicial review
4. › District Court orders in child care and protection proceedings
5. › Whether stay should be granted
6. › Whether arguable case for judicial review and risk of harm to child
7. › Supreme Court Act 1970 (NSW), ss 23, 69
1. Children and Young Persons
2. › Care and protection
3. › Restoration of child to parent
4. › Realistic possibility of restoration within reasonable period
5. › Whether District Court erred in finding realistic possibility
6. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9(1), 83(5)

Quick Take

The risk of psychological harm to a child from being informed of a restoration plan that may be overturned on judicial review is a significant factor favouring a stay in child care and protection matters.