Re: Fernando & Gabriel [2001] NSWSC 905

Reported Decision : 53 NSWLR 494

New South Wales Supreme Court

CITATION : Re: Fernando & Gabriel [2001] NSWSC 905 FILE NUMBER(S) : SC 10871/01; 10870/01 HEARING DATE(S) : 4/6/01 JUDGMENT DATE : 17 October 2001

Fernando: Minister for Community Services - 1st Plaintiff Director-General, Department of the Department of Community Services - 2nd Plaintiff The Children's Court of New South Wales - 1st Defendant Father of "The Child" - 2nd Defendant PARTIES : Gabriel: Minister for Community Services - 1st Plaintiff Director-General of the Department of Community Services - 2nd Plaintiff The Children's Court of New South Wales - 1st Defendant Mother of "The Child" - 2nd Defendant Father of "The Child"- 3rd Defendant JUDGMENT OF : Bell J at 1

Mr P Singleton - Plaintiff in both matters COUNSEL : Ms K Reynolds - "the Child" in both matters Mr R McLachlan - Father of "the Child" in Fernando I.V Knight - Plaintiff in both matters SOLICITORS : Rowley & Ross Lawyers - ("the Child") in Fernando Ellis McLachlan Solicitors - Father of "the Child" in Fernando Heidi Muggenthaler & Assoc - ("the Child") in Gabriel CATCHWORDS : Children's Court - emergency protection and care applications - interim orders - power to vest "care responsibility" in the Director-General LEGISLATION CITED : Children (Care and Protection) Act 1987 Children and Young Persons (Care and Protection) Act 1998 Re Edward [2001] NSWSC 284 CASES CITED : Craig v South Australia (1995) 184 CLR 163 New Redhead Estate & Coal Co Ltd v New South Wales Coal Compensation Board [1999] NSWCA 464 DECISION : Orders quashing the orders made in each case in the Children's Court deferred; parties given the opportunity of making submissions as to appropriate consequential orders