Minister for Community Services & Anor v The Children's Court & Ors [2003] NSWSC 863

New South Wales Supreme Court

CITATION : Minister for Community Services & Anor v The Children's Court & Ors [2003] NSWSC 863 HEARING DATE(S) : Thursday 21 August 2003 JUDGMENT DATE : 19 September 2003 JURISDICTION: Common Law JUDGMENT OF : Michael Grove J at 1 DECISION : ORDER IN COURT BELOW (IN PART) QUASHED

CATCHWORDS : CHILDREN'S COURT - CHILD IN FOSTER CARE - CONTACT VISITS BY PARENTS - NO POWER FOR CHILDREN'S COURT TO ORDER DIRECTOR GENERAL OF COMMUNITY SERVICES TO PAY TRAVEL AND ACCOMMODATION EXPENSES OF PARENTS EXERCISING THAT CONTACT Children's Court Act 1987 LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 Federal Court of Australia Act 1976 (Commonwealth) B v K NSWSC unrep 24 Sept 1998 Cookson v Lee 1854 23 L.J. Ch 473 Director General v Cook & Ors NSWSC unrep 1 Dec 1995 Director General v G & Ors NSWSC unrep 27 Mar 1998 CASES CITED : Director General v Houdek & Ors [1999] NSWSC 1031 Grassby v The Queen 1989 168 CLR 1 Jackson v Sterling Industries Ltd 1987 162 CLR 612 Reid v Howard 1995 184 CLR 1 Re Tyrone NSWSC unrep 5 July 2002 PARTIES : The Minister for Community Services and Director General Department of Community Services v The Children's Court of New South Wales & Ors FILE NUMBER(S) : SC 11320/03 G.W. Moore (Plaintiff) Submitting Appearance (First Defendant) COUNSEL : E. Boyle (Second Defendant) a. Kumar (Third Defendant) P. Singleton (Child) I.V. Knight, Crown Solicitor (Plaintiffs) SOLICITORS : Legal Aid Commission (Second Defendant) Stuart & Mills (Child)