Re Emma [2023] NSWSC 1088

Supreme Court New South Wales

Medium Neutral Citation: Re Emma [2023] NSWSC 1088 Hearing dates: 18 August 2023 Date of orders: 18 August 2023 Decision date: 08 September 2023 Jurisdiction: Equity - Duty List Before: Robb J Decision: See [84] Catchwords: CHILD WELFARE — jurisdiction — Supreme Court of New South Wales — parens patriae – whether parens patriae jurisdiction is sufficiently extensive to enable this Court to make orders directed at NSW Police Force for the retrieval of a young person, or whether proceedings are required to be commenced in a local court pursuant to the Family Law Act 1975 (Cth) and transferred to this Court — held that the parens patriae jurisdiction is sufficiently broad to enable this Court to make orders for the retrieval of a young person the subject of parens patriae orders without the initiation and transfer of local court proceedings Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 245B, 245E Court Suppression and Non-publication Orders Act 2010 (NSW) Family Law Act 1975 (Cth), ss 46(3A)(c), 67Q, 67T, 67U Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 4(1) Police Act 1990 (NSW), ss 6(2)(a), 6(3)(b) Cases Cited: AMS v AIF (1999) 199 CLR 160; [1999] HCA 26 Application of a Local Health District; Re a Patient Fay [2016] NSWSC 624 Director-General, Department of Community Services; Re Jules [2008] NSWSC 1193; (2008) 40 Fam LR 122 Re Kara [2020] NSWSC 1083 Re Neil (No 5) (2022) 110 NSWLR 197; [2022] NSWSC 1704 Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218; [1992] HCA 15 Vaughan v Vaughan (Supreme Court (NSW), Powell J, 27 February 1979, unrep) Category: Principal judgment Parties: Secretary, Department of Communities and Justice (First Plaintiff) Minister for Families and Communities (Second Plaintiff) Representation: Counsel: A Tembe (Plaintiffs)