NSW Caselaw
New South Wales Supreme Court
CITATION : Wilson v Department of Human Services – re Anna [2010] NSWSC 1489
HEARING DATE(S) : 13 to 16 December 2010
JUDGMENT DATE : 17 December 2010
JURISDICTION : Equity Division Protective List
JUDGMENT OF : Palmer J
DECISION : Interim order for return of child to care of mother upon conditions.
CATCHWORDS : FAMILY LAW AND CHILD WELFARE – Parens patriae jurisdiction of Supreme Court – final order by Children's Court that child be placed in care of Minister – whether Minister should be directed to return the child to care of mother – whether "unacceptable risk" of harm to child. - PRACTICE AND PROCEDURE – Practice by some advocates of addressing Judges and witnesses with inappropriate familiarity – perceptions of prejudice to fair trial – practice to be discouraged.
LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 (NSW) – s 71, s 79(1), s 83, s 91, s 248 Mental Health Act 2007 (NSW) - s 34
CATEGORY : Principal judgment
Alan, Re (2008) 71 NSWLR 573 Elizabeth, Re [2007] NSWSC 729 CASES CITED : M v M (1988) 166 CLR 69 Saunders v Department of Community Services DC5589/2007. Victoria, Re (2002) 29 Fam LR 157
Ms Wilson (First Plaintiff) PARTIES : Mrs Wilson (Second Plaintiff) Department of Human Services (Defendant) Anna (Child)
FILE NUMBER(S) : SC A72/2010
In person (Plaintiffs) COUNSEL : G.W. Moore (Defendant) D.J. Chapman (Sol) (Child)
In person (Plaintiffs) SOLICITORS : Crown Solicitor (Defendant) D.J. Chapman (Child)
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