George v Children's Court of New South Wales & 4 Ors [2003] NSWCA 389

Reported Decision : 59 NSWLR 232

New South Wales Court of Appeal

CITATION : George v Children's Court of New South Wales & 4 Ors [2003] NSWCA 389 HEARING DATE(S) : 28/11/03 JUDGMENT DATE : 19 December 2003

JUDGMENT OF : Sheller JA at 1; Ipp JA at 2; McColl JA at 146 DECISION : (1) Appeal dismissed. (2) No order as to costs is made.

CATCHWORDS : CHILDREN'S COURT - Whether Children's Court has power to make an order providing for parents to have contact with child in foster care in form requiring DOCS to pay rail/bus fares and reasonable accommodation expenses of parents - Statutory interpretation - Possible sources of power - Children and Young Persons (Care and Protection) Act 1998 s 74 - Children's Court Act 1987, s 15 - Implied power. D Children's Court Act 1987, s 15 Children (Care and Protection) Act 1987, s 91(1) LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998, ss 3, 7, 8, 9, 15, 16, 20, 21, 22, 34, 35, 38, 39, 43, 44, 45, 46, 50, 51, 61, 66, 69, 71, 72, 74, 76, 78, 79, 80, 81(1), 82, 85, 86, 90(7)(b), 91, 113, 115, 118, 134, 151, 157, 161, 164, 165 Environmental Planning and Assessment Act 1979, s 123 Federal Court of Australia Act 1976 (Cth) s 23 Land and Environment Court Act 1979, ss 20, 22, 23 Bryne v Australian Airlines Limited (1995) 185 CLR 410 Grassby v The Queen (1989) 168 CLR 1 Jackson v Sterling Industries Limited (1987) 162 CLR 612 CASES CITED : National Parks and Wildlife Service v Stables Perisher Pty Limited (1990) 20 NSWLR 573 Patrick Stevedores Operations (No 2) Pty Limited v Maritime Union of Australia (1998) 195 CLR 1 Reid v Howard (1995) 184 CLR 1 The Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404 Thomson Australian Holdings Pty Limited v Trade Practices Commission (1981) 148 CLR 150 CD (Claimant) Children's Court of New South Wales (First Opponent) PARTIES : Minister for Community Services (Second Opponent) Director-General for Community Services (Third Opponent) AB (Fourth Opponent) LR (Fifth Opponent) FILE NUMBER(S) : CA 40888/03 J Basten QC/I Bourke (Claimant) Submitting Appearance (First Opponent) COUNSEL : I Temby QC/G W Moore (Second & Third Opponents) A Kumar (Fourth Opponent) P Singleton (Fifth Opponent) S O'Connor, Director, Legal Aid Commission (Claimant) SOLICITORS : I V Knight, Crown Solicitor (First, Second, Third Opponents) C/- A Kumar (Fourth Opponent) Stuart & Mills (Fifth Opponent)