The Adoption of John (a pseudonym) and William (a pseudonym) [2025] NSWSC 109
CHILD WELFARE – adoption – Aboriginal placement principles – reasonable inquiries – where children placed with non-Aboriginal carers at a time when not aware that children may be Aboriginal – where birth mother and children strongly identify as Aboriginal –where carers are raising children as Aboriginal – where Secretary of view that children are not Aboriginal – whether Secretary has made reasonable inquiries as to whether the children are Aboriginal children – whether children are Aboriginal children
The Adoption of Jimmy (a pseudonym) [2025] NSWSC 408
CHILD WELFARE – adoption – Aboriginal placement – where birth parents disclosed Aboriginal heritage – whether Secretary has made reasonable inquiries as to whether child is an Aboriginal child – whether child is Aboriginal
CHILD WELFARE – adoption – best interests – alternatives to adoption – where child has been cared for by adoptive parents for more than 12 years – where adoptive parents have been granted parental responsibility for child until he attains 18 years of age – where adoptive parents not seeking guardianship orders and seek to support child to lead independent life – adoption clearly preferable in best interests of child
CHILD WELFARE – adoption – consent – dispense order – child – where 17 year old child diagnosed with speech and language disorders – where child cannot participate in registered counselling to give consent to his own adoption – where child given opportunity to express views freely about the adoption
Shapkin v Secretary, Department of Communities and Justice [2025] NSWCA 71
PROCEDURE – judicial review of District Court’s dismissal of interlocutory appeal from Children’s Court – whether independent legal representative of child entitled to be heard – where divergence in submissions between Secretary and independent legal representative – where divergence of principle on face of authorities – where Court would be assisted by submissions from independent legal representative on questions of law – leave granted to be joined as intervener
Shapkin v Secretary, Department of Communities and Justice [2025] NSWCA 87
ADMINISTRATIVE LAW – Error of law on the face of the record – Children and Young Persons (Care and Protection) Act 1998 (NSW) s 98(3) – application to appear in proceedings in Children’s Court dismissed – appeal to District Court dismissed – whether error of law on the face of the record of the District Court – whether sufficient for applicant to be found to have a genuine concern for the safety, welfare and well-being of the child or whether application was subject to a further discretion – conflict in decisions of Supreme Court on approach to s 98(3) – whether relief should be withheld for discretionary reasons
HP v The Secretary, Department of Communities & Justice [2024] NSWDC 474
CHILD WELFARE – appeals from decision of Children’s Court – appointment of guardian ad litem for Mother during the hearing – subsequent adjournment of proceeding – Guardian subsequently applies for discontinuance of appeal proceeding – whether proceeding could be discontinued – whether discontinuance requires leave – if discontinuance requires the Court’s leave – whether leave should be granted
Secretary, Department of Communities and Justice v AM [2024] NSWDC 646
CHILDREN – care appeal – child in need of care and protection – child approximately 6 years of age – no realistic possibility of restoration to either parent – child placed into foster care at a young age where he remained for almost 4 years – appeal by the Secretary and paternal grandmother against the Children’s Court decision to place the child’s care with the foster carer, and in lieu to place child into the paternal grandmother’s care – competing suitable persons – no credibility issue of witnesses – analysis of s 83(3) placing child with a “relative” – consideration of “permanency” planning pursuant to ss 10A and 78A – short term and long term considerations – best interest of the child
Department of Communities and Justice (DCJ) and Chase Croft [2024] NSWChC 15
CHILD WELFARE — Care proceedings — Active Efforts — Temporary Care Agreement
Department of Communities and Justice (DCJ) and Ivy [2025] NSWChC 1
CHILDREN — CARE — nature of the Court’s jurisdiction — Section 83(5) does not restrict the Court in matters it may consider — not possible to determine a realistic possibility of restoration on the balance of probabilities — unacceptable risk caters for all considerations — The proper test to be applied is not that of ”unacceptable risk to the child”.
Department of Communities and Justice and Ziggy Smith [2025] NSWChC 2
CHILD WELFARE — Care proceedings — Care plan — Permanency planning
Secretary, Department of Communities and Justice and Levi and Riley (No 2) [2025] NSWChC 5
CHILD WELFARE — Care proceedings — Aboriginality
Department of Communities and Justice (DCJ) and Rosa Juma [2025] NSWChC 6
CHILD WELFARE — Care proceedings — Care order — Interim care order — Safety Plans
R v Diallo & Ors (No 17) (Sentence) [2024] NSWSC 1650
CRIMINAL LAW – sentencing – offences of violence – violent melee in a suburban street – six people stabbed – one child killed – manslaughter – attempted murder – wound with intent – animosity between groups of young men – an art form known as drill rap music – where offenders’ group initiated violence by attending with knives – where victims’ group emerged from house and attacked – zombie knife and golf clubs – where jury rejects proposition that joint criminal enterprise abandoned – dispute over content of joint criminal enterprise – relevance of self-defence – fact finding on sentence – finding that subjective component established but objective component rejected – relevance of extent to which conduct exceeded what was reasonable – different findings in relation to each offence – devastating impact on victims – eloquent and moving victim impact statement – subjective circumstances of offenders – requirement for stern punishment – balancing competing considerations – a place for leniency – assessment of moral culpability – different findings in each case – where one offender contended subjective factors fed into assessment of moral culpability – application of cases – submission rejected – parity and proportionality in sentencing co-offenders – different considerations – varying assessment of objective criminality – individualised justice – application for direction that three offenders serve sentences as juvenile offenders – Prosecutor chooses to oppose – direction made – special circumstances
PD v Director of Public Prosecutions (NSW) [2025] NSWSC 16
APPEAL – sentence appeal – penalty for young person in Children’s Court – whether penalty excessive – aggregate control order imposed for multiple offences – some offences objectively serious – favourable personal circumstances of offender – whether commencement date to be backdated to account for presentence custody
CRIME – Children’s Court – sentencing – control order – period not to exceed 2 years unless accumulating on existing order – aggregate control order subject to 2-year limit – limit of 3 years applicable only to new order extending term of existing order
CRIMINAL PROCEDURE – appeals – appeal from Presidential Children’s Court to District Court – deemed appeal to Supreme Court – criminal proceeding – rules governing civil proceedings inapplicable
BAIL – 14 year old Aboriginal child – charged with police pursuit and knowingly carried in conveyance while on bail – these charges to be dropped – Court is still required to apply s 22C of the Bail Act 2013 (NSW) because charges not yet dropped – tension between s 22C Bail Act and s 6 Children (Criminal Proceedings) Act 1987 (NSW) – s 22C requires a child not to be treated equally before the law when accused of certain crimes – child in custody for 3 months as a result of charges that are to be withdrawn – consideration of unacceptable risk – prosecution not established bail should be refused – conditional bail granted
BAIL – 15-year-old Aboriginal child – further offences committed whilst on bail – Bail Act 2013 (NSW), s 22C test – attempt to commit substantive offence is not a “relevant offence” as required by s 22C – unacceptable risk test – bail granted with conditions
BAIL – release application – break enter and steal – taking and driving a motor vehicle – driving unlicensed – offences committed whilst on bail – young person – 14 years old – s 22C test – unacceptable risk test – positive conduct in custody – motivation to address issues – strength of bail proposal – bail granted with conditions
CRIME — Appeals — Appeal against sentence — Juvenile offender — Mental health — Moral culpability — General deterrence — Bugmy v The Queen — Youth — Where applicant subject to conditional liberty at time of offence — Manifest excess
CHILDREN — CRIME — 100 police interactions — accusatorial system is not focused on the referral to expert services or the reasons why you have been in conflict with the law — doli incapax means the greater the background of disadvantage the less likely a child will be held criminally responsible — the greater the need for intervention the less likely there will be intervention — children under 14 never get to be supervised by Youth Justice — refused to participate or engage with police
CHILDREN — CRIME — on bail; on parole; post and boast; knife
CHILDREN - CRIME – Registration - Child Protection (Offenders Registration) Act
R v Ben - Unreported (PDF, 142.8 KB)
CHILDREN — CRIME — Young Offenders Act
AG (a pseudonym) v Department of Communities and Justice [2025] NSWDC 492
CHILD WELFARE – Appeal filed pursuant to s 91 of the Children and Young Persons (Care and Protection) Act 1998 – appeal from an interlocutory order of the Children’s Court refusing a stepfather leave to be joined to proceedings – whether plaintiff stepfather has relevant standing – whether plaintiff stepfather has a genuine concern for the safety, welfare and wellbeing of the child the subject of the proceedings – s 98(3) – whether stepfather’s claim has reasonable prospects of success – leave for joinder granted
COURTS AND JUDGES – application by the Secretary, Department of Communities and Justice for recusal on ground of apprehended bias – application refused
Department of Communities and Justice and Lila Fleming [2025] NSWChC 8
CHILD WELFARE — Care proceedings — placement — best interests of the child — permanency planning — two viable placements
Batt-Rawden v CXD4 [2024] NSWSC 1247
CIVIL PROCEDURE – Suppression and non-publication orders – Application by the defendant for suppression orders and pseudonym orders – Where the cause of action arises out of conduct which was the subject of criminal proceedings – Where the criminal proceedings were dealt with on the basis that the victim and the defendant were under the age of 18 and fell within the definition of a child within the meaning of the Children (Criminal Proceedings) Act 1987 – Whether the suppression orders and pseudonym orders are necessary for the interests of justice – Application granted.
MEDIA AND COMMUNICATIONS – Publication – Court Suppression and Non-Publications Orders Act – Where publicity concerning the criminal proceedings may have identified the defendant – Whether the suppression orders and pseudonym orders are necessary for the interests of justice – Application granted.
R v JM (Sentence) [2024] NSWSC 1345
CRIME – sentence – manslaughter – excessive self-defence – offender a young person at the time of the offence – trial by judge alone – fatal stabbing – confrontation between young people – KFC restaurant – melee – tragic loss of life – where deceased exhibited hostility towards offender –deceased armed with knuckledusters – offender did not initiate confrontation – offender had no interest in fighting the deceased - offender outnumbered by adversaries – offender believed he was going to be killed – chaos – clamorous noise – extreme situation – real threat to the offender – no intention to kill – where offender suffers from cognitive impairment – FASD – ADHD – youth and lack of maturity – moral culpability significantly reduced – unblemished criminal record – very good prospects of rehabilitation – whether sentence to be served as a juvenile offender – convicted – sentence imposed
CRIME — bail — variation application — detention application — terrorist offences — “exceptional circumstances” — Bail Act 2013 (NSW) s 30A — private electronic monitoring — variation granted
Meredith v State of New South Wales (No 5) [2025] NSWSC 1133
TORTS – intentional torts – representative proceedings – strip searches at music festivals – cause of action for assault, battery and false imprisonment – lead plaintiff directed to take her clothes off and move her body parts and body to facilitate the search – where defendant changed its position weeks before the hearing date – where defendant now accepts the search was unlawful
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – the operation of ss 31, 32 and 33 of LEPRA – what is required to satisfy the preconditions of “seriousness” and “urgency” of the circumstances – whether the searching officers failed to comply with the safeguards afforded under ss 32 and 33 of LEPRA – whether there is an implied power to direct that a person being strip searched move their body and/or body parts to facilitate the search – whether “genital area” includes the anus for the purpose of s 32(6) of LEPRA
DAMAGES – whether the Limitation Act 1969 (NSW) bars the plaintiff from an award of aggravated and exemplary damages – whether the plaintiff is entitled to aggravated damages for the conduct of the proceedings – where the non-compliance with the LEPRA provisions resulted in egregious breaches by the searching police
SENTENCING – murder – where offender previously found guilty by a jury and sentenced for murder – where offender successfully appealed against the conviction – where offender pleaded guilty to murder before retrial – application of the ceiling principle – discount to reflect utilitarian value of plea – objective seriousness of offending – where moral culpability reduced by reason of youth and background of disadvantage – where offender has made progress toward rehabilitation in custody
LT v Director of Public Prosecutions (NSW) [2025] NSWSC 1288
CRIMINAL LAW – bail – child in Minister’s care – accommodation requirement – pre-release condition – where accommodation not organised within 24 hours in accordance with Youth Justice report – where court to list case every two days to ensure suitable accommodation is organised – power to seek information from officers of relevant government bodies – child released to bail
CRIME – appeals – appeal against sentence – aggravated sexual intercourse without consent – applicant 15 years and 11 months old at the time of offending – where grounds of appeal assert that insufficient weight was given to youth, mental health and background – reduced moral culpability as a result of mental health and disadvantaged background – where good prospects of rehabilitation – efficacy of labels such as “adult like conduct” – whether the sentence is manifestly excessive – appeal dismissed
CRIME – sentencing – appeal against sentence – manifest excess – manslaughter – fight between two young persons where applicant brought a knife – unlawful and dangerous act – appeal dismissed
CRIME – appeals – appeal against sentence – offence of wound person with intent to resist or prevent arrest – related offences on s 31 certificate – police pursuit, not stop and drive dangerously – robbery armed with offensive weapon – whether sentencing judge erred by sentencing the applicant ‘at law’ for the related offences – whether the sentencing judge erred by sentencing the applicant to a sentence that was more than jurisdictionally available – whether the sentence was manifestly excessive as a result of the asserted error – leave to appeal allowed – applicant resentenced
Director of Public Prosecutions (NSW) v PD [2025] NSWCA 249
APPEAL — sentencing — control orders — Children’s Court — whether a single aggregate control order may exceed two years — coherence between cumulative and aggregate sentencing — jurisdictional limit for aggregate control orders — construction of Children (Criminal Proceedings) Act 1987 (NSW), ss 33(1)(g), 33A(4), 33C — application of Crimes (Sentencing Procedure) Act 1999 (NSW), ss 53A, 53B
CHILDREN — criminal law — sentencing — control orders — aggregate control order imposed for multiple offences — whether two-year limit in s 33(1)(g) applies — three-year jurisdictional limit under s 33A(4) — power to impose aggregate control order derived from Crimes (Sentencing Procedure) Act 1999 (NSW) s 53A as applied by Children (Criminal Proceedings) Act 1987 (NSW) s 33C
CHILDREN — CRIME — on bail — bail conditions — implied bail conditions — no breach established
CHILDREN — CRIME — diversions — disqualification orders — youth justice conference — pleas, findings and admissions of guilt
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