Re David, Alan and Mary and the Director General, Family and Community Services & Ors [2013] NSWSC 1319

Supreme Court New South Wales

Medium Neutral Citation: Re David, Alan and Mary and the Director General, Family and Community Services & Ors [2013] NSWSC 1319 Hearing dates: 3 September 2013 Decision date: 03 September 2013 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Interlocutory injunction granted Catchwords: [CHILDREN] - where parental responsibility order made - where application pending to rescind or vary that order [CONFIDENTIAL INFORMATION] - where claim that person with parental responsibility induced to make disclosure of allegedly criminal conduct - where promise of confidentiality - where no notice of proposed use in court proceedings - where obligation to refer information as disclosed to Police [INJUNCTIONS] - where a serious issue to be tried in respect of circumstances where disclosure made - whether interlocutory injunction to be granted Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Crimes Act 1900 Crimes Regulation 2010 Evidence Act 1995 Cases Cited: Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 Category: Interlocutory applications Parties: Aunt (Plaintiff) Director General, Department of Family and Community Services (First Defendant) Mother (Second Defendant) Father (Third Defendant) Grandmother (Sixth Defendant) Representation: Counsel: MW Anderson (Plaintiff) KJ Edwards (First Defendant) SM Leis (Third Defendant) A Hall (Independent Representative for children) Solicitors: Pearson Family Lawyers (Plaintiff) IV Knight, Crown Solicitors (First Defendant) File Number(s): 2013/267442