Re - Brett v Children's Court of NSW [2006] NSWSC 984

New South Wales Supreme Court

CITATION : Re - Brett v Children's Court of NSW [2006] NSWSC 984 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 17 August 2006, 18 August 2006

JUDGMENT DATE : 22 September 2006

JUDGMENT OF : Sully J at 1

DECISION : That the plaintiff be granted any extension of time necessary to permit of the hearing in this Court of the amended summons filed in Court by leave on 17 August 2006; That the order made by the first defendant on 23 February 2006 in the Children's Court sitting at Nowra be quashed; That the application of the second defendant filed on 17 February 2006 be remitted to that Children's Court there to be heard and determined accocrding to law; That the second defendant pay the costs of the plaintiff and of the third defendant of the hearing in this Court. No order as to the costs of the first defendant

LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 (NSW) Judiciary Act 1903 (C'wealth) (as amended)

Re Liam [2005] NSWSC 75 Re Edward (2001) 51 NSWLR 502 CASES CITED : Collins (alias Hass) v The Queen (1975) 133 CLR 120 S v Department of Community Services (2002) 29 Fam LR 144 Anderson v The Judges of the District Court of NSW (1992) 27 NSWLR 701

PARTIES : Re "Brett" Children's Court of New South Wales

FILE NUMBER(S) : SC 11891/06

I. Bourke - Plaintiff COUNSEL : S. Burchett - 2nd Defendant E. Ito - 3rd Defendant

Shoalcoast Community Legal Centre - Plaintiff SOLICITORS : I. V. Knight - 2nd Defendant Charles Shirley - 3rd Defendant