Minister for Community Services & 1 Or v Children's Court of NSW & 3 Ors [2004] NSWSC 1018

New South Wales Supreme Court

CITATION : Minister for Community Services & 1 Or v Children's Court of NSW & 3 Ors [2004] NSWSC 1018 HEARING DATE(S) : 29/10/04 JUDGMENT DATE : 3 November 2004

JUDGMENT OF : Bell J at 1 DECISION : Declare that the first defendant erred in law by allocating parental responsibility for the child, Nadya, to the first plaintiff until 8 July 2004, by order made at Toronto on 17 June 2004 (the order) in the absence of a care application by the second plaintiff; Quash the order of the first defendant made on 17 June 2004 allocating on an interim basis parental responsibility for the child Nadya to the Minister.

Children and Young Persons (Care and Protection) Act 1998 LEGISLATION CITED : Children's Court Act 1987 Federal Court of Australia Act 1976 (Cth) George v Children's Court of New South Wales [2003] NSWCA 389; 59 NSWLR 232 CASES CITED : Jackson v Sterling Industries Ltd (1987) 162 CLR 612 Re Oscar [2002] NSWSC 453 Minister for Community Services (1st Plaintiff) Director-General of the Department of Community Services (2nd Plaintiff) PARTIES : Children's Court of NSW (1st Defendant) Nadya (2nd Defendant) JD (3rd Defendant) SN (4th Defendant) FILE NUMBER(S) : SC 12080/04 COUNSEL : G Moore (Plaintiff) R Cavanagh (1st Defendant) SOLICITORS : I V Knight (1st and 2nd Plaintiffs) Nicholas Moir & Associates (2nd Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION