Re Natalie [2012] NSWSC 1109

Supreme Court New South Wales

Medium Neutral Citation: Re Natalie [2012] NSWSC 1109 Hearing dates: 11 September 2012 Decision date: 11 September 2012 Jurisdiction: Equity Division - Protective List Before: White J Decision: Refer to paras [32] and [33] of judgment. Catchwords: FAMILY LAW AND CHILD WELFARE - application for orders that interventionist steps not be taken in event child suffers cardiac or respiratory arrest or another life-threatening event - where exceptional circumstances of child's profound disabilities - consideration of quality of life of child - where court satisfied that if steps were taken to resuscitate child the result would be to cause her increased suffering with no commensurate benefit Cases Cited: Secretary, Department of Health and Community Services v JWB and SMB [1992] HCA 15; (1992) 175 CLR 218 Re Paul [2008] NSWSC 960 Re Baby D (No 2) [2011] FamCA 176; (2011) 45 FamLR 313 Re J (a minor) [1993] All ER 930 Re Superintendent of Family and Child Service v Dawson (1983) 145 DLR 3 d. 610 Category: Principal judgment Parties: Director-General, Department of Family & Community Services (Plaintiff) Adoptive Mother of Natalie (2nd Defendant) Natalie (Child) Representation: Counsel: W Hunt (Plaintiff) S A Gardiner (2nd Defendant) D Ward (Separate Representative for Natalie) Solicitors: Crown Solicitors Office (Plaintiff) Legal Aid Commission of NSW (Natalie) File Number(s): 2011/410067