Harris (pseudonym) v Department of Communities & Justice [2021] NSWSC 519

Supreme Court New South Wales

Medium Neutral Citation: Harris (pseudonym) v Department of Communities & Justice [2021] NSWSC 519 Hearing dates: 15 April 2021 Date of orders: 15 April 2021 Decision date: 12 May 2021 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See paras [32]-[33] Catchwords: CHILD WELFARE — Jurisdiction — Supreme Court of New South Wales — Parens patriae — party seeking restoration of parental responsibility of children pursuant to the parens patriae jurisdiction — no exceptional circumstances arising to invoke jurisdiction CIVIL PROCEDURE — Stay of proceedings — Inherent power — Abuse of process — seeking same potential outcome in multiple courts Legislation Cited: Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Director General, Department of Community Services and Another, Re Thomas (2009) 41 Fam LR 220; [2009] NSWSC 217 Category: Procedural rulings Parties: Harris (pseudonym) (plaintiff) Department of Communities & Justice Mother (third defendant) Representation: Counsel: L Finch (plaintiff on subpoena issue) D Brezniac (plaintiff on substantive) A Tembe (Commissioner of Police) C Dean (Dept of Communities & Justice)

Solicitors: Crown Solicitors NSW File Number(s): 2020/365503 Publication restriction: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 105, prohibits the publication of the name of, or any information or other material that identifies or is likely to lead to the identification of, a child or young person, who is mentioned or otherwise involved in any proceedings before the Children's Court or in any non-court proceedings, or who is or has been under the parental responsibility of the Minister or in out-of-home care.