NSW Caselaw
New South Wales Supreme Court
CITATION : Re Georgia and Luke [2008] NSWSC 1277
HEARING DATE(S) : 28 November 2008
JUDGMENT DATE : 2 December 2008
JURISDICTION : Common Law
JUDGMENT OF : McCallum J
DECISION : The proceedings are dismissed. I make no order as to costs.
CATCHWORDS : Interim order made by Children's Court placing one child under parental responsibility of the Minister - final order in respect of one child - proceedings commenced by parents seeking their return - parens patriae jurisdiction to be exercised only in exceptional circumstances where Children's Court proceedings have been commenced - claim for certiorari - claim for judicial review of removal decision - application for summary dismissal - proceedings dismissed
Children and Young Persons (Care and Protection) Act 1998 LEGISLATION CITED : Infant's Custody and Settlement Act 1899 Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
Craig v South Australia (1995) 184 CLR 153 DOCS v Priestley [2004] NSWSC 639 DOCS v Y [1999] NSWSC 644 K v Minister for Youth and Community Services (1982) 1 NSWLR 311 Re Alan [2008] NSWSC 379 Re Anna, Bruno, Courtney and Deepak [2001] NSWSC 79 Re Barbara [2006] NSWSC 536 CASES CITED : Re Elizabeth [2007] NSWSC 729 Re Frances and Benny [2005] NSWSC 1207 Re James [2001] NSWSC 1178 Re Jayden [2006] NSWSC 1428 Re Jayden [2007] NSWCA 35 Re Liam [2005] NSWSC 75 Re Victoria [2002] NSWSC 647; (2002) 29 Fam LR 157 Twist v Randwick Municipal Council (1976) 136 CLR 106
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