Re Oscar [2002] NSWSC 453

New South Wales Supreme Court

CITATION : Re Oscar [2002] NSWSC 453 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2517/02 HEARING DATE(S) : 17 & 20 May 2002 JUDGMENT DATE : 21 May 2002

Director General, NSW Department of Community Services (P) Children's Court of NSW (D1) Father (D2) PARTIES : Mother (D3) Paternal grandmother (D4) Guardian ad litem (D5) Legal representative (D6) Maternal grandmother (D7) JUDGMENT OF : Hamilton J

G W Moore (P) L Phelps (by leave) (D1) COUNSEL : C O'Connor, Solicitor (D2 & 4) D Patch (D5 & 6) No appearance (D3 & 7) I V Knight (P) I V Knight (D1) SOLICITORS : Thomson Rich O'Connor (D2 & 4) Liston & Loveband (D5 & 6) No appearance (D3 & 7) CATCHWORDS : FAMILY LAW AND CHILD WELFARE [160], [161] - Child welfare other than under Family Law Act 1975 (Cth) - Children in care of State - Care and protection applications - Orders by Children's Court for psychiatric examination and assessment - Children's Court Clinic not appointed to carry out examination and assessment - Whether orders within power - Whether Supreme Court can make orders. Children and Young Persons (Care and Protection) Act 1998 ss 9(a), 53(1), 58, 71(1), 91, 99, 100 & 247 Children's Court Act 1987 Part 3A, s 15B LEGISLATION CITED : Family Law Act 1975 (Cth) ss 67ZC(1), 69ZK(1) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 4(1) Justices Act 1902 s 132 B (M) v B (R) (Note) [1968] 1WLR 1182 Director General Department of Community Services v Houdek [1999] NSWSC 1031 Director General, NSW Department of Community Services v Y [1999] NSWSC 644 CASES CITED : In re S (Infants) [1967] 1 WLR 396 L v Dalton (1988) 12 FLR 701 Re Jessica [2001] NSWSC 1207 Wilson v McDougall (1987) 11 NSWLR 241 Dickey, Family Law (3rd ed, 1997) 370 DECISION : Orders of Children's Court for psychiatric examination and assessment of child declared invalid. This Court should make orders in lieu.