Re M v Department of Community Services (No 3) [2013] NSWSC 552

Supreme Court New South Wales

Medium Neutral Citation: Re M v Department of Community Services (No 3) [2013] NSWSC 552 Hearing dates: 23 April 2013 Decision date: 26 April 2013 Jurisdiction: Equity Division - Duty List Before: Rein J Decision: Orders that the plaintiff's notice of motion and summons be dismissed with no order as to costs. Catchwords: Setting aside decision of District Court - parens patriae jurisdiction - exceptional circumstances required - whether an order in the nature of a writ of certiorari should be made - whether there was a failure to observe some applicable requirements of procedural fairness Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) District Court Act 1973 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Re Alan (2008) 71 NSWLR 573; [2008] NSWSC 379 Re Cameron [2012] NSWSC 1453 Craig v State of South Australia (1995) 184 CLR 163 Druett v Director-General of Community Services [2001] NSWCA 126 Re F: Litigants in Person Guidelines (2001) 27 FAM LR 517 Re Louise and Belinda [2009] NSWSC 534 Minister for Community Services & Anor v The Children's Court [2003] NSWSC 863 Re Victoria; Director-General, Department of Community Services v Children's Court (NSW) [2002] NSWSC 647; (2002) 29 FAM LR 157 Category: Principal judgment Parties: BM (plaintiff) The Department of Community Services (first defendant) DC (second defendant) MB (third defendant) MS (fourth defendant) DM by his direct legal representative Ms Shannon Pennicott (fifth defendant) JM by his direct legal representative Ms Debbie Flynn (sixth defendant) RM (seventh defendant) HM (eighth defendant) ZM (ninth defendant) Representation: Counsel: Plaintiff in person Mr T. Allen (first and sixth defendants) Ms M. Barnett (second defendant) Ms A. Murphy (third defendant) Ms R. Dart (fourth defendant) Mr C. Wilson (fifth, seventh, eighth, ninth defendants) Solicitors: NSW Crown Solicitors (first and sixth defendants) Maggie Ormand Pty Ltd (second defendant) Rowley & Associates (third defendant) Legal Aid NSW (fourth defendant) Friedlieb Byrne Pty Ltd (fifth defendant) Debbie Flynn & Associates Lawyers (sixth defendant) Pogson Cronin (seventh, eighth, ninth defendants) File Number(s): 2012/196633