Re Anna [2012] NSWChC 1

Children's Court New South Wales

Medium Neutral Citation: Re Anna [2012] NSWChC 1 Hearing dates: 2 March 2012 Decision date: 02 March 2012 Jurisdiction: Care and protection Before: Judge Mark Marien SC, President Decision: Pursuant to sub-clause 11 (2) of the Care and Protection Regulation, the affidavit of the caseworker is inadmissible and accordingly, the Director General's application for leave to file the affidavit must be refused. Catchwords: CHILDREN - care proceedings - protection of confidentiality in ADR - clause 11 of Regulation - paramountcy principle - functions and powers of the President - powers of Children's Magistrate to review decision of Children's Registrar - jurisdiction of the Children's Court Legislation Cited: Children and Young Persons (Care and Protection) Act 1998; Children and Young Persons (Care and Protection) Regulation 2000; Evidence Act 1995; Children's Court Act 1987; Grassby v The Queen (1989) 168 CLR; Family Law Act 1975 Cases Cited: Field v Commissioner for Railways for New South Wales [1957] HCA 92; (1957) 99 CLR 291 AWA Limited v George Richard Daniels T/A Deloitte Haskins and Sells (Supreme Court of NSW, Commercial Division, 18 March 1992, unreported) Grassby v The Queen (1989) 168 CLR 1 Re Alistair [2006] NSWSC 411 Talbot v Minister for Community Services (1993) 30 NSWLR 487 George v Children's Court of NSW [2003] NSWCA 389 Jackson v Sterling Industries Ltd (1987) 162 CLR 612 Centacare Central Queensland and Downing v G and K (1998) 23 Fam LR 476 Re Wakely and Hanns (1993) 17 Fam LR 215 Trapp v Vonne and Another (2009) 41 Fam LR 471 Category: Interlocutory applications Parties: Director General of the Department of Family and Community Services File Number(s): 420/11