Re Katherine [2004] NSWSC 899

New South Wales Supreme Court

CITATION : Re Katherine [2004] NSWSC 899 HEARING DATE(S) : 9-10 September 2004 JUDGMENT DATE : 29 September 2004 JURISDICTION: Common Law Division JUDGMENT OF : Studdert J DECISION : (1) Order that the interim orders made in the Children's Court on 2 July 2004 be set aside. (2) Order that the matter be remitted to the Children's Court to be heard and determined according to law by a magistrate other than the magistrate by whom the interim orders referred to in Order (1) were made. (3) Liberty to apply within forty-eight hours for any other orders appropriate to give effect to Orders (1) and (2) above. (4) Costs are reserved to afford the parties the opportunity to make appropriate submissions having considered this judgment, and the matter may be relisted for argument as to costs on a date to be arranged with my associate. My associate is to be approached for this purpose within seven days.

LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 GPI Leisure Corp. Limited v Herdsman Investments Pty Limited (No. 3) (1990) 20 NSWLR 15 Johnson v Johnson (2000) 201 CLR 488 Kioa v West (1985) 159 CLR 550 The Marriage of C (1998) 22 Fam LR 776 Minister for Community Services v Children's Court of New South Wales [2004] NSWCA 210 CASES CITED : Minogue v HREOC (1999) 84 FCR 438 R v The Department of Community Services [2001] NSWSC 419 Rajski v Scitec Corporation Pty Limited (unreported, NSWCA, 16 June 1986) Re Josie [2004] NSWSC 642 State of Queensland v J.L. Holding Pty Limited (1996-97) 189 CLR 146 Stead v State Government Insurance Commission (1986) 161 CLR 141 Talbot v Minister for Community Services 30 NSWLR 487 Plaintiffs: "CS" and "KS" 1st Defendant: Children's Court of NSW PARTIES : 2nd Defendants: Minister for Community Services and Director General of Department of Community Services 3rd Defendant: "NR" 4th Defendants: "MB" and "ARB" FILE NUMBER(S) : SC 12112/04 Plaintiffs: Ms M. Fraser 1st Defendant: Submitting appearance COUNSEL : 2nd Defendants: Mr R Bromich 3rd Defendant: Ms D. Falloon 4th Defendants: Ms K. Reynolds Plaintiffs: Stanfords 1st Defendant: Crown Solicitor's Office SOLICITORS : 2nd Defendants: Crown Solicitor's Office 3rd Defendant:: Dignam and Hanrahan 4th Defendants: Shoalcoast Community Legal Centre Inc.