Louise v Director General of Community Services & Ors [2011] NSWSC 1646

Supreme Court New South Wales

Medium Neutral Citation: Louise v Director General of Community Services & Ors [2011] NSWSC 1646 Hearing dates: 21 December 2011 Decision date: 22 December 2011 Jurisdiction: Equity Division - Duty List Before: Slattery J Decision: Application dismissed. Plaintiff to pay the defendant's costs. Catchwords: CHILDREN - application for relief in the Court's parens patriae jurisdiction - whether exceptional circumstances. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Commonwealth Powers (Family Law-Children) Act, 1986 (NSW) Family Law Act 1975 (Cth) Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) Judiciary Act 1903 (Cth) Cases Cited: Croker v Commonwealth of Australia [2011] FCAFC 25 Goode v Goode (2006) 206 FLR 212 Re Barbara & Ors [2006] NSWSC 536 Re Campbell [2011] NSWSC 761 Re Georgia and Luke [2008] NSWSC 1277 Re Linda [2011] NSWSC 1596 Re Victoria [2002] NSWSC 647 Category: Interlocutory applications Parties: Plaintiff:- mother First defendant:- Director General Second defendant:- father Third defendant:- Children's Court Fourth defendant:- child Representation: Second Defendant, for father:- S. Gardiner Plaintiff, for mother:- G. Potkonyak First Defendant, Director General:- C. Samuels Third defendant, Children's Court (submitting appearance):- S. Ohnesorge Fourth Defendant, for child:- Ms Rutkowska File Number(s): 2011/407161 Publication restriction: Yes.