NSW Caselaw
New South Wales Supreme Court
CITATION : Re James [2001] NSWSC 1178 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4052/01 HEARING DATE(S) : 10 December 2001 JUDGMENT DATE : 10 December 2001
Director General, Department of Community Services (P) PARTIES : Names supressed (D1 - 4 & 6) Children's Court of New South Wales (D5) JUDGMENT OF : Hamilton J
M W Anderson (P) P Adams (D1) COUNSEL : No appearance (D2) E N Gramelis (D3 & 4) Submitting appearance (D5) Ms L Robertson, Solicitor (D6) I V Knight (P) Jan Butland (D1) SOLICITORS : Name suppressed in person (D2) Bilias & Assocs (D3 & 4) I V Knight (D5) Stuart & Mills (D6) CATCHWORDS : FAMILY LAW AND CHILD WELFARE [121] - Child welfare other than under Family Law Act 1975 - Custody - Practice - Separate representation of child - Proceedings for review by Supreme Court of Magistrate's interlocutory ruling - Whether separate representative should be appointed to carry out same functions as would legal representative appointed under s 99 of the Children and Young Persons (Care and Protection) Act 1998 in the Children's Court. LEGISLATION CITED : Children (Care and Protection) Act 1987 Children and Young Persons (Care and Protection) Act 1998 s 99 CASES CITED : DOCS v R C [1999] NSWSC 644 DECISION : Child joined as defendant and separate representative appointed to carry out same functions as would legal representative appointed under s 99 of the Children and Young Persons (Care and Protection) Act 1998 in the Children's Court.
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