NSW Caselaw
Reported Decision : 51 NSWLR 502
New South Wales Supreme Court
CITATION : Re Edward [2001] NSWSC 284 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 10677/01 HEARING DATE(S) : 10/04/01 JUDGMENT DATE : 20 April 2001
Minister for Community Services (Pl) PARTIES : Mother of "The Child" (1 Def) Children's Court of New South Wales (2 Def) JUDGMENT OF : Kirby J
P Singleton (Pl) COUNSEL : Ms K Reynolds (1 Def) Ms Kim Rowley ("The Child") SOLICITORS : I V Knight (Pl) Kim Cull - LAC (1 Def) CATCHWORDS : Minister for Community Services seeking orders quashing certain determinations by a Magistrate in the Children's Court - Power of Children's Court to rescind, vary or suspend care orders - Whether power to suspend can be implied - Interim orders Children and Young Persons (Care and Protection) Act, 1998 LEGISLATION CITED : Children (Care and Protection) Act, 1987 Children and Young Persons (Saving and Transitional) Regulation, 2000 Collins v The Queen (1975) 133 CLR 120 Trustees Executors and Agency Co Ltd v Reilly (1941) VLR 110 Regina v M (1980) 2 NSWLR 195 CASES CITED : Grassby v The Queen (1989) 168 CLR 1 R v Moseley (1992) 28 NSWLR 735 Craig v The State of South Australia (1994-95) 184 CLR 163 White v District Court of New South Wales (1998) 45 NSWLR 313 DECISION : Ref para 62
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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