In re the Child “AS” [2023] NSWSC 951

Supreme Court New South Wales

Medium Neutral Citation: In re the Child "AS" [2023] NSWSC 951 Hearing dates: 14 August 2023 Date of orders: 14 August 2023 Decision date: 14 August 2023 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: The proceedings are dismissed. Catchwords: CHILDREN AND YOUNG PERSONS – Claim by Summons for writ of habeas corpus in relation to a child the subject of proceedings in the Children's Court – assertions of vexatious proceedings and malicious prosecution by the Department of Communities and Justice and Children's Court – habeas corpus not available – claims of serious misconduct not pleaded – absence of any material justifying allegations – HELD – the proceedings have no foundation and are an abuse of process and should be dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Constitution Magna Carta Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: TS (First Plaintiff) VS (Second Plaintiff) Secretary, Department of Communities and Justice (First Defendant) Department of Communities and Justice (Second Defendant) Children's Court of New South Wales (Third and Fourth Defendants, submitting appearance) Representation: Counsel: First Plaintiff (self-represented) Second Plaintiff (self-represented) M W Anderson (First Defendant)

Solicitors: NSW Crown Solicitor's Office (First Defendant) File Number(s): 2022/00244800 Publication restriction: Pursuant to an order made on 25 November 2022, there is to be no publication of the name of, or any information that would identify or tend to identify, the child the subject of these proceedings until 12 July 2043. This order operates throughout the Commonwealth of Australia.