NSW Caselaw
New South Wales Supreme Court
CITATION : Re Barbara & Ors [2006] NSWSC 536
HEARING DATE(S) : 25/05/06
JUDGMENT DATE : 25 May 2006
JURISDICTION : Equity Division
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 05/25/2006
DECISION : 1. I dismiss the notice of motion for a stay of the orders made today in the Children's Court; 2. I order that the amended summons be dismissed; 3. I give liberty to the parties to apply to me on seven days' notice on the question of costs.
CATCHWORDS : FAMILY LAW & CHILD WELFARE – Director-General sought interim orders in Children's Court allocating parental responsibility for three children to Minister – Children's Court made interim orders substantially in accordance with orders sought by Director-General – Application by children's parents for stay of orders of Children's Court – Whether Supreme Court should exercise its parens patriae jurisdiction to grant stay of orders of Children's Court – Parens patriae jurisdiction used in exceptional circumstances – Whether circumstances exceptional – Application dismissed.
LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 (NSW)
Re Barbara & Ors [2006] NSWSC 303 CASES CITED : Re Victoria v Director General of the Department of Community Services and the Children's Court [2002] NSWSC 647 Re Frances & Benny [2005] NSWSC 1207 Director-General of the Department of Community Services v Priestley [2004] NSWSC 639
PARTIES : Re Barbara & Ors
FILE NUMBER(S) : SC 2368/06
Plaintiff: M W Anderson 1st Defendant: I Bourke COUNSEL : 2nd Defendant: S Gardiner 3rd Defendant: M Cleary Two Children: P Braine Mention for J McCaffrey - solicitor for one child
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