Director of Community Services - re "Matthew" [2005] NSWSC 132

New South Wales Supreme Court

CITATION : Director of Community Services - re "Matthew" [2005] NSWSC 132

HEARING DATE(S) : 7 January 2005

JUDGMENT DATE : 7 January 2005

JURISDICTION : Common Law

JUDGMENT OF : Adams J at 1

DECISION : (1) The notice of motion filed in court today is returnable instanter and heard in the absence of the second defendant; (2) Summons and supporting affidavits used in the present application to be served on the second defendant by 14 January 2005; (3) No publication that would identify or tend to identify the child, the subject of these proceedings, or his family occur, except for the proper conduct of the proceedings; (4) Confirm earlier order that the proceedings be heard in closed court; (5) The proceedings be known as "Re Matthew" (not the name of the child), and that the child the subject of the proceedings, be named as "Matthew"; (6) The child to be separately represented (and it is requested that the Legal Aid Commission of New South Wales arrange such representation); (7) The treatment specified in prayer 7 in the notice of motion be authorized; (8) The plaintiff use its good offices to ensure that copies of medical records relating to Matthew be made available to such legal representatives and medical practitioners as may be nominated by the defendants; (9) That the orders made in the proceedings today be entered forthwith; (10) The parties have liberty to apply to the Court at any time in respect to these orders.

CATCHWORDS : Application by DOCS for orders permitting medical treatment - child born with significant brain damage - not consented by parents - role of Court - orders made

Director of Community Services (Plaintiff) PARTIES : v The Defendant