Re Victoria [2002] NSWSC 647

New South Wales Supreme Court

CITATION : Re Victoria [2002] NSWSC 647 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3530/02 - Ex tempore HEARING DATE(S) : 19 July, 2002 JUDGMENT DATE : 19 July 2002

Director-General, Department of Community Services - Plaintiff PARTIES : Children's Court of New South Wales - First Defendant The names of the Second and Third Defendants are suppressed. JUDGMENT OF : Palmer J

LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Deputy Chief Magistrate Helen Syme JUDICIAL OFFICER :

I.D. Bourke - Plaintiff COUNSEL : Ms Orman-Hales (Sol) - First Defendant - Excused A.S. Howen - Second and Third Defendants W.J. Malos - Child's Representative Crown Solicitor - Plaintiff SOLICITORS : Crown Solicitor - First Defendant (excused) Ward Maxwell & Co - Second and Third Defendants Heidtman & Co - Child's Representative CATCHWORDS : FAMILY LAW AND CHILD WELFARE - Parens patriae jurisdiction of Supreme Court - proceedings in Children's Court - interference by Supreme Court - invocation of parens patriae jurisdiction in what is, in substance, an appeal from Children's Court custody decision - attempt to by-pass appeal to District Court on ground that District Court cannot hear appeal expeditiously - principles discussed. Children (Care and Protection) Act 1987 (NSW), s.72(1)(c)(ii) LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 (NSW), s.91, s.247 District Court Act (NSW) 1973, s.143(1) - Anna, Bruno, Courtney and Deepak, Re [2001] NSWSC 79 - Director-General, NSW Department of Community Services v Y [1999] NSWSC 644 - Harris, In re 37 SR(NSW) 17 - M v M (1988) 166 CLR 69 CASES CITED : - Official Solicitor to the Supreme Court v K [1965] AC 201 - Ping v Van Der Kroft [1982] 2 NSWLR 731 - Roberts v Balancio (1987) 8 NSWLR 436 - Spruill v Director-General of the Department of Community Services [2001] NSWCA 413 - T v H (1985) 3 NSWLR 270 - Weir, Re (1953) 70 WN(NSW) 78 DECISION : Interim orders made affecting contact between child and mother and as to surrender of mother's passport. Proceedings should be discontinued or transferred to District Court.