Re Paul [2023] NSWSC 1635

Supreme Court New South Wales

Medium Neutral Citation: Re Paul [2023] NSWSC 1635 Hearing dates: 23 and 30 November, 4 and 7 December 2023 Date of orders: 7 December 2023 Decision date: 07 December 2023 Jurisdiction: Equity Before: Lindsay J Decision: Orders made, upon an exercise of parens patriae jurisdiction over a child, for the purpose of giving restorative effect to orders of the District Court of NSW (upon appeal from the Children's Court of NSW in care proceedings) in circumstances in which, although not anticipated by the orders of the District Court, shortly after those orders were made the Secretary exercised a statutory power to assume the care responsibility of the child without notice to the mother of the child, or the child, and without the leave of any Court. Catchwords: FAMILY LAW AND CHILD WELFARE – Parens patriae jurisdiction of the Supreme Court – Child welfare under State legislation – Proceedings in District Court on appeal from Children's Court – Administrative action taken by departmental Secretary to assume care responsibility of child – Exercise of parens patriae jurisdiction – Orders made restoring the child to the care, custody and control of the mother as contemplated by District Court Legislation Cited: Children's Court Act 1987 NSW Children and Young Persons (Care and Protection) Act 1998 NSW Supreme Court Act 1970 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: George v Children's Court of NSW (2003) 59 NSWLR 232 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Eve [1986] 2 SCR 388; 31 DLR (4th) 1 Re: Frieda and Geoffrey [2009] NSWSC 133; 40 Fam LR 608 Re M (No 4) [2013] NSWCA 97 Secretary, Department of Health and Community Services v JWB & SMB (Marion's Case) (1992) 175 CLR 218 Re Victoria [2002] NSWSC 647; 29 Fam LR 157 Category: Principal judgment Parties: Plaintiff: Mother First Defendant: Secretary, NSW Department of Communities and Justice Second Defendant: Child Representation: Counsel: Plaintiff: S Prince SC and A Searle First Defendant: M Anderson Second Defendant: Independent Child Representative