NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Re Bailey and Blake [2011] NSWSC 1390 Hearing dates: 4 November 2011 Decision date: 09 November 2011 Jurisdiction: Equity Division Before: Rein J Decision: See [27] and [28] Catchwords: CHILDREN - care proceedings - application for declaratory relief, an order in the nature of certiorari and an order for remittal of the proceedings to the Children's Court - appeal against Children's Court magistrate's decision to allow into evidence a parenting assessment report privately commissioned by the mother - whether the report contains an assessment or expert opinion of the children the subject of care proceedings and whether, if it did, it infringed Chapter 5 Division 6 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) - issue of lack of consent by persons with parental responsibility for the children not a basis asserted in the Children's Court for rejection of the report but consideration of its significance Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Evidence Act 1995 (NSW) Cases Cited: KF v Parramatta Children's Court [2008] NSWSC 1131 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Re Oscar [2002] NSWSC 453 Category: Principal judgment Parties: Father of Bailey (plaintiff) Children's Court of New South Wales (first respondent) Director-General, Family and Community Services, Department of Human Services (second respondent) Mother of Bailey and Blake (third respondent) Father of Blake (fourth respondent) Independent legal representative of Bailey and Blake (fifth respondent) Representation: N Moir (plaintiff) M England (second respondent) M Neville (third respondent) P Guterres (fifth respondent) Submitting appearances by the first and fourth respondents Neisha Shepherd Solicitor (plaintiff) Crown solicitor (first and second respondents) Baker Love Lawyers (third respondent) Robert Gol Lawyer (fourth respondent) Adams & Associates (fifth respondent) File Number(s): SC 2011/282129 Publication restriction: All names and references to the children have been anonymised
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