NSW Caselaw
Reported Decision : 61 NSWLR 283
New South Wales Supreme Court
CITATION : Re Andrew [2004] NSWSC 842 HEARING DATE(S) : 31/8/04 JUDGMENT DATE : 15 September 2004
JUDGMENT OF : Wood CJatCL at 1 DECISION : 1.The decision of the First Respondent of 30 January 2004 be quashed; 2.The matter be remitted to the First Respondent for determination in accordance with the law.
CATCHWORDS : Care Application - s 64 of Children and Young Persons (Care and Protection) Act 1998 - dispensing with service of Care Application on father - paramountcy of safety, welfare and well being of child - rights or interests of parents - mandatory and directory requirements of statute - whether Children's Court had power or discretion to dispense with service. Children's Court Act 1987 LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 Family Law Act Supreme Court Act Annetts v McCann (1990) 97 ALR 177 Craig v State of South Australia (1995) 184 CLR 163 Gahan v Frahm [1999] VSC 410 George v Children's Court of New South Wales [2003] NSWCA 389 Grunwick Processing Laboratory Ltd v Advisory Conciliation and Arbitration Service [1978] AC 655 ETSA Utilities Pty Limited v Corporation of the City of Unley [2000] SASC 74 H v The Children's Court (1988) 12 Fam LR 285 J v Lieschke (1987) 162 CLR 447 Minister for Community Services v The Children's Court [2003] NSWSC 863 CASES CITED : MPM Constructions v Trepcha Constructions [2004] NSWSC 103 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Andrew [2004] NSWCA 210 Re Jessica NSWSC 15 November 2001 Re X [1996] FLR 186 Smith v Minister of Community Welfare (1988) 12 Fam LR 159 Tasker v Fullwood [1978] 1 NSWLR 20 The Queen v Bell (1980) 146 CLR 141 Twist v Randwick Muncipal Council (1976) 136 CLR 106 Vanmeld Pty Limited v Fairfield City Council (1999) 46 NSWLR 78 Minister for Community Services (Applicant 1) Director General of the Department of Community Services (Applicant 2) PARTIES : The Children's Court of New South Wales (Respondent 1) "Nicole" (Respondent 2) Child Separate Representative (Respondent 3)
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