NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Re Baby S [2014] NSWSC 871 Hearing dates: 26 June 2014 Decision date: 26 June 2014 Jurisdiction: Equity Division - Duty List Before: White J Decision: Refer to paras [36] and [37] of judgment Catchwords: ADMINISTRATIVE LAW - whether seriously arguable that certiorari lies to quash interim care order of Children's Court - whether reasons part of record FAMILY LAW AND CHILD WELFARE - Parens patriae jurisdiction - whether exceptional circumstances warranting intervention - Children's Court order granting interim parental responsibility to the Minister stayed - earlier order reflected need for baby and mother to bond - no rational ground to rescind that order Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Re Frieda and Geoffrey [2009] NSWSC 133; (2009) 40 Fam LR 608 Re Victoria [2002] NSWSC 647; (2002) 29 Fam LR 157 Re Frances and Benny [2005] NSWSC 1207 Re Anna [2001] NSWSC 79 Category: Principal judgment Parties: KS (Plaintiff) Minister for Family and Community Services (1st Defendant) Secretary, Family and Community Services (2nd Defendant) Independent Legal Representative for the child (5th Defendant) Representation: Counsel: M Neville (Plaintiff) G Moore (1st and 2nd Defendants) E Lawson (5th Defendant) Solicitors: Legal Aid Commission for NSW (Plaintiff) Crown Solicitors (1st and 2nd Defendants) ALS (5th Defendant) File Number(s): 2014/190734
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