NSW Caselaw
New South Wales Supreme Court
CITATION : Re Liam [2005] NSWSC 75
HEARING DATE(S) : 7 and 8 February 2005
JUDGMENT DATE : 8 February 2005
JUDGMENT OF : McDougall J at 1
DECISION : See para [65] of judgment
CATCHWORDS : FAMILY LAW - child welfare - parens patriae jurisdiction of Supreme Court - proceedings in the Children's Court - interim contact order made by Children's Court - interference by Supreme Court where impermissible delegation of question of supervision of contact order - nature of relief
Children and Young Persons (Care and Protection) Act 1998 LEGISLATION CITED : Supreme Court Act 1970
Craig v South Australia (1995) 184 CLR 163 George v Children's Court of New South Wales [2003] 59 NSWLR 232 CASES CITED : Re Anna, Bruno, Courtney and Deepak [2001] NSWSC 79 Re Victoria [2002] NSWSC 647 Ross v Internet Wines Pty Ltd (2004) 60 NSWLR 436
Director-General Department of Community Services (Plaintiff) PARTIES : Mother of "Liam" (Defendant)
FILE NUMBER(S) : SC 7001/04
M W Anderson (Plaintiff) COUNSEL : P Singleton (Defendant) P J Braine (separate representative for Liam)
I V Knight, Crown Solicitor (Plaintiff) SOLICITORS : Legal Aid Commission (Defendant)
LOWER COURT JURISDICTION : Children's Court of New South Wales
LOWER COURT FILE NUMBER(S) : File 483 of 2004
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
McDOUGALL J
Tuesday 8 February 2005 Ex tempore (Revised 9 February 2005)
7001/04 RE LIAM (CLOSED COURT) JUDGMENT 1 HIS HONOUR: The child known in these proceedings as Liam was born on 1 July 2003. His short life has been marked by conflict between the Department of Community Services (DOCS) and his mother, the defendant. DOCS case workers took Liam from his mother on 25 October 2004. An emergency care and protection order was made as sought by the Director-General (see ss 45 and 46 of the Children and Young Persons (Care and Protection) Act 1998 (the Act)). The Director-General now seeks a final order allocating all aspects of supervision to the Minister (see s 79(1)(b) of the Act). This application is the fifth time in Liam's short life that a court has been required to consider the arrangements for his care. Background 2 On 8 November 2004, the Children's Court of New South Wales (Children's Court) made an interim order:
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