The Sydney Children's Hospital Network v X [2013] NSWSC 368

Supreme Court New South Wales

Medium Neutral Citation: The Sydney Children's Hospital Network v X [2013] NSWSC 368 Hearing dates: 27, 28 March 2013 Decision date: 28 March 2013 Jurisdiction: Equity Division - Duty List Before: Gzell J Decision: Orders as per Summons. Catchwords: FAMILY LAW AND CHILD WELFARE - Child welfare other than under Family Law Act 1975 and related Acts - Parens Patriae Jurisdiction - Order sought by hospital to administer blood transfusions to a Jehovah's Witness child - whether order should be made in opposition to parents - whether child should be made a ward of court - whether Family Law Act jurisdiction applies Legislation Cited: Family Law Act 1975 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Cases Cited: Children Youth & Women's Health Services Inc v YJL, MHL and TL [2010] SASC 175; (2010) 107 SASR 343 Director General Department of Community Services; Re Jules [2008] NSWSC 1193 Director-General, New South Wales Department of Community Services v Y [1999] NSWSC 644 Director of Community Services - re "Matthew" [2005] NSWSC 132 Director General of the Department of Community Services v "BB" [1999] NSWSC 1169 Minister for Health v AS [2004] WASC 286; (2004) 29 WAR 517 Re Alex [2004] FamCA 297; (2004) 31 Fam LR 503 Re Bernard [2009] NSWSC 11 Re Heather [2003] NSWSC 532 Re Jessica [2001] NSWSC 1207 Re L [1999] 2 FCR 524 Re Paul [2008] NSWSC 960 Re R (a minor) (wardship consent to treatment) [1992] 2 FCR 229, [1992] Fam 11 Royal Alexandra Hospital v Joseph [2005] NSWSC 422 Royal Alexandra Hospital for Children trading as Children's Hospital at Westmead v J [2005] NSWSC 465; (2005) 33 Fam LR 448 Women's and Children's Health Network Inc v JC, JC and KC [2012] SASC 104 Women's and Children's Health Network Inc v M, CN [2013] SASC 16 Category: Principal judgment Parties: The Sydney Children's Hospitals Network (Randwick and Westmead) (Plaintiff) X (First Defendant) Y (Second Defendant) Z (Third Defendant) Representation: Counsel: J Downing (Plaintiff) Solicitors: NSW Ministry of Health (Plaintiff) Vincent Toole Solicitor (Defendants) File Number(s): SC 2013/88444