NSW Caselaw
New South Wales Supreme Court
CITATION : Re Georgia and Luke (No 2) [2008] NSWSC 1387
HEARING DATE(S) : 19 December 2008
JUDGMENT DATE : 19 December 2008
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 19 December 2008
DECISION : Order that Georgia and Luke be returned immediately to the care of their parents.
CATCHWORDS : FAMILY LAW AND CHILD WELFARE – PARENS PATRIAE JURISDICTION – INTERFERENCE WITH CHILDREN'S COURT PROCEEDINGS – Whether "extraordinary circumstances" exist – DOCS officers remove children for no justifiable reason – independent Court assessor strongly recommends immediate return of children – DOCS officers seek to delay return for further four months by further proceedings in Children's Court – welfare of children at serious risk – abuse of power by DOCS officers. - HELD: Extraordinary circumstances warrant interference by Supreme Court in Children's Court proceedings.
LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 (NSW) – s 43(1), s 53, Ch 5 pt 2
CATEGORY : Principal judgment
- Alan, Re [2008] NSWSC 379 - Director-General of the Department of Community Services v Priestley [2004] NSWSC 639 CASES CITED : - Elizabeth, Re [2007] NSWSC 729 - Georgia and Luke, Re [2008] NSWSC 1277 - Liam Re [2005] NSWSC 75 - Victoria, Re [2002] NSWSC 647 ((2002) 29 Fam LR 157)
Mr A (First Plaintiff) PARTIES : Ms B (Second Plaintiff) Department of Community Services (First Defendant) Director-General, Department of Community Services NSW (Second Defendant)
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