NSW Caselaw
New South Wales Supreme Court
CITATION : RE JOSIE [2004] NSWSC 642 HEARING DATE(S) : 9 July 2004 JUDGMENT DATE : 9 July 2004
JUDGMENT OF : Levine J DECISION : 1. The preoceedings are to be known as "Re Josie".; 2. The plaintiff is excused from naming the father of the child as a defendant.; 3. I make the declaration in para 1 of the summons filed 18 June 2004.; 4. The order set out in para 2 of the summons is quashed.; 5. No order as to costs.
CATCHWORDS : Children's Court - Children and Young Persons (Care and Protection) Act 1998 ss3, 69, 79, 81 - parental responsibility solely to Minister - limit of power of Children's Court LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 ss3, 69, 79, 81 George v Children's Court of New South Wales (2003) 31 Fam LR 218 CASES CITED : Grassby v The Queen (1989) 168 CLR 1 Craig v State of South Australia (1995) 184 CLR 163 Re Edward (2001) 51 NSWLR 502 PARTIES : FILE NUMBER(S) : SC 11860/04 R J Bromwich (Plaintiffs)
D M Falloon COUNSEL : (Second defendant)
K Thompson (Child representative)
I V Knight (Plaintiffs)
Marsdens (First defendant)
SOLICITORS : Brian Muir & Co (Second defendant)
I V Knight (Third Defendant)
Dignan & Hanrahan (Child representative)
LOWER COURT Children's Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Magistrate B A Schurr JUDICIAL OFFICER :
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