NSW Caselaw
New South Wales Supreme Court
CITATION : Re Frances and Benny [2005] NSWSC 1207
HEARING DATE(S) : 22/11/05
JUDGMENT DATE : 22 November 2005
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Children to be made wards of Court; Plaintiff to have interim care, custody and control of the children.
CATCHWORDS : FAMILY LAW & CHILD WELFARE [161]- Application to quash orders of Children's Court- Director-General applied to Children's Court for child care orders- Court not satisfied with sufficiency of evidence to make order- Dismissed application- Whether superior court should exercise its supervisory or inherent parens patriae jurisdiction to deal with care orders- Parens patriae jurisdiction used in exceptional circumstances where other curial processes inadequate- Whether Children's Court correct to dismiss application because evidence insufficient- Child's welfare paramount- Court's duty is to adjourn rather than dismiss proceedings.
LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998, ss 9, 71, 72, 93
Attorney-General (NSW) v Wentworth (1991) 24 NSWLR 347 Australasian Performing Rights Association v Edmonds (Young J, 16.6.87, unreported) Re Evelyn (1998) 23 Fam LR 53 CASES CITED : Re Morgan (1982) FLC 91-225 Re Victoria (2002) 29 Fam LR 157 Roberts v Balancio (1987) 8 NSWLR 436
Director-General of the Department of Community Services (P) PARTIES : Mother (D1) Children (D2)
FILE NUMBER(S) : SC 5834/05
M W Anderson (P) COUNSEL : P J Braine (Mother) K L Renshall (S) (Children)
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