NSW Caselaw
New South Wales Supreme Court
CITATION : Re Frieda and Geoffrey [2009] NSWSC 133
HEARING DATE(S) : 03/03/09
JUDGMENT DATE : 6 March 2009
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Refer to para 82 of judgment.
CATCHWORDS : ADMINISTRATIVE LAW - prerogative writs and orders - certiorari – application of s 69(3) and (4) of the Supreme Court Act 1970 – construction of 'ultimate determination' and 'the record' – claim for certiorari dismissed - FAMILY LAW AND CHILD WELFARE - child welfare under State legislation – Magistrate found to have erred in his assessment of risk of harm to children – in exercise of parens patriae jurisdiction, orders made for children to remain in care, custody and control of Minister for Community Services
LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 (NSW) Supreme Court Act 1970 (NSW)
Re Victoria; Director General, Department of Community Services v Children's Court (NSW) [2002] NSWSC 647; 29 Fam LR 157 Re Jayden [2007] NSWCA 35 Re Fernando; re Gabriel (2001) 53 NSWLR 494 L v the Director of Family Services (1997) 22 Fam LR 275 CD v Chief Executive, Department of Education and Community Services [2000] ACTSC 81; (2000) 27 Fam LR 19 Ex Parte Minister for Child Welfare: Re Hancock & Anor (1967) 86 WN (Pt 2) (NSW) 371 Minister for the Interior v Neyens [1964] HCA 71; (1964) 113 CLR 411 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Uniting Church and Australia Property Trust (NSW) v Industrial Relations Commission of NSW in Court Session [2004] NSWCA 183; (2004) 60 NSWLR 602 Re Alistair [2006] NSWSC 411 Hanna v Department of Immigration, Multicultural and Indigenous Affairs [2004] NSWCA 275 Kriticos v State of NSW (1996) 40 NSWLR 297 R v Electricity Commission; Ex Parte London Electricity Joint Committee Co (1920) Ltd [1924] 1 KB 171 CASES CITED : Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149 In re Harris (1936) 37 SR (NSW) 17 SB v Parramatta Children's Court [2007] NSWSC 1297 KF v Parramatta Children's Court & 3 Ors [2008] NSWSC 1131 Re Victoria [2002] NSWSC 647 Re Elizabeth [2007] NSWSC 729 Re Alan [2008] NSWSC 379 Re Frances and Benny [2005] NSWSC 1207 Re Anna [2001] NSWSC 79 Northern Star Agriculture Pty Ltd v Morgan & Banks Developments Pty Ltd & Anor [2007] NSWSC 98; (2007) 13 BPR 24,163 Roberts v Balancio (1987) 8 NSWLR 436 M v M [1988] HCA 68; (1988) 166 CLR 69 Director-General of the Department of Community Services v Priestley [2004] NSWSC 639 K v Minister for Youth and Community Services [1982] 1 NSWLR 311 Director-General, NSW Department of Community Services v Y [1999] NSWSC 644
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