NSW Caselaw
New South Wales Supreme Court
CITATION : Re Elizabeth [2007] NSWSC 729
HEARING DATE(S) : 21 June 2007
JUDGMENT DATE : 5 July 2007
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 21 June 2007
DECISION : Court Expert appointed to report on medical treatment; no reason shown for proceedings to be determined by Supreme Court.
CATCHWORDS : FAMILY LAW AND CHILD WELFARE – Community Treatment Order made in respect of young person by Mental Health Review Tribunal – Interim Care Order made by Children's Court – parens patriæ jurisdiction of Supreme Court – what is appropriate forum for determination of all issues.
LEGISLATION CITED : - Children and Young Persons (Care and Protection) Act 1998 (NSW) – s.60, s.69, s.70, s.90, s.91, s.247 - Mental Health Act 1990 (NSW) – s.131, s.135
- Barbara, re [2006] NSWSC 536 - Carseldine v Director of the Department of Children's Services (1974) 133 CLR 345 CASES CITED : - Director-General of the Department of Community Services v Priestley [2004] NSWSC 639 - Frances and Benny, re [2005] NSWSC 1207 - Harris, re (1936) 37 SR(NSW) 17 - Victoria, re [2002] NSWSC 647
Mr and Mrs A – Plaintiffs Mental Health Review Tribunal of New South Wales – First Defendant PARTIES : Director-General of the Department of Community Services – Second Defendant Children's Court of New South Wales – Third Defendant Elizabeth – Child
FILE NUMBER(S) : SC 30056/07
M.W. Anderson – Plaintiffs COUNSEL : C. Mantziaris – Second Defendant P. Guterres (Sol) - Child
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