Full Court Minute Books

Case S35/2017

State of New South Wales v. DC & Anor

Case No.


Case Information

Lower Court Judgment

10/08/2016 Supreme Court of New South Wales (Court of Appeal) (Basten JA, Ward JA, Sackville AJA)

[2016] NSWCA 198


Negligence – Duty of care – Vicarious liability – Where stepfather sexually abused respondents – Where Department removed respondents after receiving complaint from one of the respondents – Where stepfather continued to have contact with respondents – Children Welfare Act 1939 (NSW) s 148B – Whether appellant owed duty of care to respondents that extended to reporting allegations against stepfather to police – Whether Court of Appeal erred in failing to identify basis upon which appellant liable directly or vicariously in circumstances where no finding that any officer negligent.

Short particulars


10/02/2017 Hearing (SLA, Canberra v/link Sydney)

23/02/2017 Notice of appeal

17/03/2017 Written submissions (Appellant)

17/03/2017 Chronology (Appellant)

07/04/2017 Written submissions (Respondents)

07/04/2017 Chronology (Respondents)

21/04/2017 Reply

10/05/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

14/06/2017 Judgment (Judgment summary)