NSW Caselaw
Reported Decision : 71 NSWLR 573
New South Wales Supreme Court
CITATION : Re; Alan [2008] NSWSC 379
HEARING DATE(S) : 23 April 2008 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 23 April 2008
DECISION : Application dismissed. No order as to costs.
CATCHWORDS : FAMILY LAW AND CHILD WELFARE - Child welfare other than under Family Law Act 1975 and related Acts - Parens patriae jurisdiction - Parents dissatisfied with interm care order of Childrens Court - Order sought dismissing orders of the Childrens Court - Whether parens patriae jurisdiction should be enlivened only in exceptional circumstances - Whether exceptional circumstances established - Whether parents should pay costs of Department of Community Services and the independent children's representative
LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998
Re Victoria [2002] NSWSC 647 Director-General of the Department of Community Services v Priestly [2004] NSWSC 639 CASES CITED : Re Liam [2005] NSWSC 75 Re Barbara & ors [2006] NSWSC 536 Re Elizabeth [2007] NSWSC 729
Re: Alan (Plaintiff) PARTIES : Children's Court of New South Wales (First Defendant) Director-General of the Department of Community Services (Second Defendant) Katarzyna Rutkowska (Third Defendant)
FILE NUMBER(S) : SC 2354/08
COUNSEL : Ms M Fraser (Plaintiffs) Mr M Higgins (Second Defendant)
SOLICITORS : Dennis & Co Solicitors (Plaintiff)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
GZELL J
WEDNESDAY 23 APRIL 2008
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