TF v Department of Family & Community Services [2015] NSWSC 694

Supreme Court New South Wales

Medium Neutral Citation: TF v Department of Family & Community Services [2015] NSWSC 694 Hearing dates: 29 May and 1 June 2015 Date of orders: 01 June 2015 Decision date: 01 June 2015 Jurisdiction: Equity Division - Protective List Before: Young AJA Decision: See [78] Catchwords: FAMILY LAW AND CHILD WELFARE – proceedings in Children's Court – interference by Supreme Court – parens patriae jurisdiction of Supreme Court – invocation of parens patriae jurisdiction JUDICIAL REVIEW - whether the Children's Court had jurisdiction to make orders under the Children and Young Persons (Care and Protection) Act 1998, sections 4(a) and 4(c) CERTIORARI – discretionary – quashed order of Children's Court of New South Wales – jurisdictional error – usurping of jurisdiction Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Billington v Secretary Department of Families [2013] FCA 480 Keil v Keil [1947] VLR 383 Re Victoria [2002] NSWSC 647; (2002) 29 Fam LR 157 Victoria v Commonwealth(Payroll Tax case) [1971] HCA 16, (1971) 122 CLR 353 Texts Cited: M J Leeming – 'Resolving Conflict of Laws', 2011, Federation Press Category: Principal judgment Parties: TF – plaintiff Department of Family & Community Services – first defendant Minister for Family & Community Services – second defendant Children's Court of New South Wales – third defendant AF – fourth defendant Counsel for the Independent Children's Lawyer – fifth defendant Attorney-General of New South Wales - intervener Representation: Counsel: Mr M Anderson – for the plaintiff Ms M Neville – for the first and second defendants Submitting appearance for the third defendant Mr R McLachlan (solicitor) – for the fourth defendant Ms S Mahony – for the fifth defendant Ms K Richardson – intervener for Attorney-General of New South Wales