NSW Caselaw
New South Wales Supreme Court
CITATION : Re Bernard [2009] NSWSC 11
HEARING DATE(S) : 2 January 2009 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 2 January 2009
DECISION : Hospital authorised to administer blood transfusions if no other course available.
CATCHWORDS : FAMILY LAW AND CHILD WELFARE - Child welfare other than under Family Law Act 1975 and related Acts - Parens Patriae Jurisdiction - Order sought by hospital to administer blood transfusions to a Jehovah's Witness child - Whether order should be made in opposition to parents - Whether child should be made a ward of court - Whether Family Law Act jurisdiction applies
Children and Young Persons (Care and Protection) Act 1998 LEGISLATION CITED : Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Family Law Act 1975 (Cth)
Royal Alexandra Hospital v Joseph & Ors [2005] NSWSC 422 DoCS v Y [1999] NSWSC 644 Director General of the Department of Community Services v "BB" [1999] NSWSC 1169 Re Jessica [2001] NSWSC1207 CASES CITED : Re Heather [2003] NSW SC 532 Director of Community Services - re "Matthew" [2005] NSWSC 132 Royal Alexandra Hospital for Children trading as Children's Hospital at Westmead v J & Ors [2005] NSWSC 465; (2005) 33 Fam LR 448 Director-General, Department of Community Services; Re Jules [2008] NSWSC 1193 Re Paul [2008] NSWSC 960 Director-General, New South Wales Department of Community Services v Y [1999] NSWSC 644
PARTIES : Re Bernard (Plaintiff) Bernards Parents (Defendants)
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