Re M (No 4) - BM v Director-General, Department of Family and Community Services (named Department of Community Services in Summons) [2013] NSWCA 97

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Re M (No 4) - BM v Director-General, Department of Family and Community Services (named Department of Community Services in Summons) [2013] NSWCA 97 Hearing dates: 29 April 2013 Decision date: 29 April 2013 Before: Ward JA at [1] Decision: Dismiss application for interlocutory relief. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EQUITY - parens patriae jurisdiction - application for injunctive relief to prevent restoration of children (RM and HM) to custody of second defendant Legislation Cited: Children's and Young Persons (Care and Protection) Act 1998 Court Suppression and Non-Disclosure of Orders Act 2010 Cases Cited: Director General of the Department of Community Services v Priestley [2004] NSWSC 639 Druett v Director-General of Community Services (2001) NSWCA 126 Re Anna, Bruno, Courtney and Deepak [2001] NSWSC 79 Re Felicity v Director-General Family and Community Services (2012) NSWCA 272 Re Liam [2005] NSWSC 75 Re Victoria [2002] NSWSC 647 Category: Interlocutory applications Parties: BM (Applicant) Director-General, Family & Community Services (First Defendant) MB (Second Defendant) MS (Third Defendant) RM (Fourth Defendant) HM (Fifth Defendant) ZM (Sixth Defendant) Representation: Applicant (self represented) A J Allen (First Defendant) Ms Rowley (solicitor) (Second Defendant) Ms Dart (solicitor) (Third Defendant) C M Wilson (Fourth to Sixth Defendants & DM, not a party) Mr Hobb (solicitor) (JM, not a party) File Number(s): CA 13/129799