NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Re Felicity [2012] NSWSC 494 Hearing dates: 1 May 2012 Decision date: 01 May 2012 Jurisdiction: Equity Division - Protective List Before: White J Decision: 1. Order that the summons be dismissed. 2. Order that the plaintiff pay the 1st and 2nd defendants' costs. Catchwords: CONSTITUTIONAL LAW - powers to allocate parental responsibility - whether referral of matters to Commonwealth limits power of Children's Court to make orders - no effect of referral on operation of State laws - creation of additional power in Commonwealth Parliament - inconsistencies subject to s 109 of the Constitution
CONSTITUTIONAL LAW - statutory framework - interaction between State and Commonwealth laws - whether inconsistencies between State and Commonwealth powers to allocate parental responsibility - no effect on the operation of State child welfare laws - statutory mechanism for dealing with inconsistencies - Family Law Act 1975 (Cth) s 69ZK Legislation Cited: Children and Young Persons (Care and Protections) Act 1998 Family Law Act 1975 (Cth) Judiciary Act 1903 (Cth) Commonwealth Powers (Family Law - Children) Act 1986 Children (Care and Protection) Act 1987 Civil Procedure Act 2005 Cases Cited: Louise v Director General of Community Services & Ors [2011] NSWSC 1646 Graham v Paterson (1950) 81 CLR 1 Director-General, Department of Community Services (NSW) v D [2007] NSWSC 762; (2007) 37 Fam LR 595 Re J (1990) 14 Fam LR 584 Fay v Turner [2008] FMCA Fam 1508 Dunstan v Jarrod [2009] FAMCA 480; (2009) 41 Fam LR 535 Category: Principal judgment Parties: Mother of Felicity (Plaintiff) Director General, Department of Family & Community Services (1st Defendant) Father of Felicity (2nd Defendant) Felicity (4th Defendant) Representation: Counsel: G Potkonyak, solicitor (Plaintiff) K Richardson (1st Defendant) In Person (2nd Defendant) K Shea, solicitor (4th Defendant) Solicitors: Capellia Legal (Plaintiff) Crown Solicitor's Office (1st Defendant) N/a (2nd Defendant) Legal Aid NSW (4th Defendant) File Number(s): 2011/407161
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