Minister for Community Services & Anor v Children's Court of NSW & 3 Ors [2005] NSWSC 154

Reported Decision : 62 NSWLR 419

New South Wales Supreme Court

CITATION : Minister for Community Services & Anor v Children's Court of NSW & 3 Ors [2005] NSWSC 154

HEARING DATE(S) : 04/03/2005

JUDGMENT DATE : 10 March 2005

JUDGMENT OF : Hoeben J at 1

DECISION : Decline to make declarations sought. Summons dismissed.

CATCHWORDS : Children's Court did have power to include in a good behaviour bond a condition that a child reside as directed by the Department of Community Services.

Children and Young Persons (Care and Protection) Act 1998 Children (Criminal Proceedings) Act 1987 LEGISLATION CITED : Children (Criminal Proceedings) Regulation 2000 Crimes Act 1900

CASES CITED : George v Children's Court of NSW [2003] 59 NSWLR 232

Minister for Community Services (1st Plaintiff) Director-General of the Department of Community Services (2nd Plaintiff) Children's Court of NSW (1st Defendant) PARTIES : Nadya (2nd Defendant) JD - (3rd Defendant) SN (4th Defendant)

FILE NUMBER(S) : SC 12080/04

Mr G Moore - 1st and 2nd Plaintiffs Submitting Appearance - 1st defendant COUNSEL : Mr R Hulme SC - 2nd Defendant

IV Knight - (1st and 2nd Plaintiffs) SOLICITORS : Nicholas Moir & Associates Pty Ltd - 2nd Defendant

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOEBEN J

Thursday, 10 March, 2005

12080/04 – Minister for Community Services & Anor v Children's Court of NSW & 3 Ors; Re Nadya