DIRECTOR-GENERAL OF DEPARTMENT COMMUNITY SERVICES v DISTRICT COURT OF NEW SOUTH WALES & ORS [2003] NSWCA 169

New South Wales Court of Appeal

CITATION : DIRECTOR-GENERAL OF DEPARTMENT COMMUNITY SERVICES v DISTRICT COURT OF NEW SOUTH WALES & ORS [2003] NSWCA 169 HEARING DATE(S) : 25 June 2003 JUDGMENT DATE : 11 July 2003

JUDGMENT OF : Sheller JA at 1; Beazley JA at 12; Tobias JA at 13 DECISION : Application dismissed with costs.

CATCHWORDS : Judicial review - Certiorari - Appeal from Children's Court to District Court - Jurisdiction of District Court Children (Care and Protection) Act 1987 LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 Supreme Court Act 1970 CASES CITED : N/A Director-General of Department of Community Services - Claimant PARTIES : District Court of New South Wales - First Opponent The Mother - Second Opponent Maureen Phillips - Representative of Child FILE NUMBER(S) : CA 41018/02 B W Walker SC/M G O'Brien - Claimant COUNSEL : Submitting appearance - First Opponent In Person - Second Opponent L M Snelling - Rep of Child Department of Community Services - Claimant SOLICITORS : District Court of NSW Wollongong - First Opponent In person - Second Opponent c/- Tony Papac - Representative of Child

LOWER COURT District Court JURISDICTION : LOWER COURT 263/02 FILE NUMBER(S) : LOWER COURT Phelan DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41018/02 DC 263/02