Re Bella [2013] NSWSC 1034

Supreme Court New South Wales

Medium Neutral Citation: Re Bella [2013] NSWSC 1034 Hearing dates: 24 July 2013 Decision date: 24 July 2013 Jurisdiction: Equity Division - Protective List Before: White J Decision: Refer to para [32] of judgment. Catchwords: PROCEDURE - joinder - application to join applicants as parties pursuant to r 6.24(1) of the Uniform Civil Procedure Rules 2005 - proceedings in protective jurisdiction of the Supreme Court - effect of exercise of parens patriae jurisdiction on meaning of "necessary" in r 6.24(1) - whether exists analogy with joinder pursuant to s 98(3) of Children and Young Persons (Care and Protection) Act 1998 Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Children (Care and Protection) Act 1987 and the Family Law Act 1975 (Cth) Cases Cited: Director General of the Department of Community Services; Re Thomas [2009] NSWSC 217 Re June [2013] NSWSC 969 Director General of New South Wales Department of Community Services v Y [1999] NSWSC 644 Category: Interlocutory applications Parties: Foster Parents (Applicants) Director General, Department of Family and Community Services (1st Plaintiff) Minister for Family and Community Services (2nd Plaintiff) Mother (1st Defendant) Bella (3rd Defendant) Representation: Counsel: Ms M Barnett (Applicants) G Moore (Plaintiffs) R Dart (Bella) In Person (1st Defendant) Solicitors: Crown Solicitors (Plaintiff) Legal Aid (Bella) File Number(s): 2013/60179