Stokes v D/G Department of Community Services [2001] NSWSC 322

New South Wales Supreme Court

CITATION : Stokes v D/G Department of Community Services [2001] NSWSC 322 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 13072/1999 HEARING DATE(S) : 03/02/2000; 07/03/2000; 21/03/2000 JUDGMENT DATE : 30 April 2001

Raelene Eleanor Stokes (plaintiff) PARTIES : Director General, Department of Community Services (1st defendant) Walter Streak (2nd defendant) Registrar, District Court of New South Wales (3rd defendant) JUDGMENT OF : Hidden J at 1

J Dupree (plaintiff) COUNSEL : I Bourke (1st defendant) M Broun QC (2nd defendant) Submitting appearance (3rd defendant) A L Wunderlich & Associates (plaintiff) SOLICITORS : Briggs & Associates (2nd defendant) Crown Solicitor (1st & 3rd defendants) CATCHWORDS : CHILDREN - care proceedings - interim order by Children's Court for access - interlocutory relief in this Court in support of that order - question of costs Children (Care and Protection) Act 1987 LEGISLATION CITED : Family Law Act 1975 Children and Young Persons (Care and Protection) Act 1998 Australian Securities Commission v Aust-Home Investments Pty Ltd (1993) 44 FCR 194 Garwolin Nominees Pty Ltd v Statewide Building Society [1984] VR 469 CASES CITED : S v Minister for Youth and Community Services (1986) 23 ACrim R 113 T v H (1985) 3 NSWLR 270 In Re Harris (1936) 37 SR NSW 17 Department of Community Services v Y [1999] NSWSC 644 DECISION : Summons dismissed - second defendant to pay plaintiff's costs