Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83 (06 May 2020) (Basten JA at [138]; Leeming JA at [1]; McCallum JA at [176].)


Catchwords:


ADOPTION – “Aboriginal child” – whether necessary to identify ancestor who was a member of Aboriginal race, identified as Aboriginal and was recognised by Aboriginal community – consideration of text, context and purpose of s 4 of Adoption Act 2000 (NSW) – sufficient to show child was descended from people who lived in Australia before British colonisation – Fischer v Thompson (Anonymised) [2019] NSWSC 773 disapproved

APPEAL – leave – procedural fairness – applicant alleged submissions supplied after hearing not considered by primary judge – significance of failure to apply to primary judge and delay – whether proper outcome could be reached without a rehearing – leave refused