Re Jackson [2016] NSWSC 419

Supreme Court New South Wales

Medium Neutral Citation: Re Jackson [2016] NSWSC 419 Hearing dates: 8 April 2016 Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Summons dismissed Catchwords: CHILD WELFARE – Care and protection of children – Proceedings in Children's Court – No basis for Supreme Court proceedings in parens patriae jurisdiction Category: Procedural and other rulings Parties: Plaintiff in person The Secretary, Department of Family & Community Services (First Defendant) Minister for Family and Community Services (Second Defendant) Representation: Counsel: Plaintiff – no appearance R. Dart (First and Second Defendants) G. Hill (independent legal representative for the child)

Solicitors: Crown Solicitor (Defendants and child) File Number(s): 2016/75902 Publication restriction: No

EX TEMPORE Judgment 1. This matter came before me in the Duty List on 5 April 2016. It concerns the care of a child. On that occasion the plaintiff appeared in person. 2. I informed the plaintiff on that first occasion that this Court was not the correct court in which to pursue her claims. I have been informed that the proceedings concerning the child are next returnable before the Children's Court on 15 April. There is no evidence of any current risk to the child. 3. On the last occasion I informed the plaintiff that I intended to dismiss the summons. In response to that she informed me that she had briefed a barrister and that she proposed to file an amended summons. She asked me not to dismiss the matter because she would have to file a fresh summons. I asked the plaintiff how long it would to take to file the amended summons. She responded "tomorrow" (6 April 2016). 4. I made directions for a draft of the amended summons to be provided to the parties yesterday and for the matter to come back today, essentially to see whether there was anything in the amended summons that could properly claim the attention of this Court. 5. Counsel for the child and the defendants have appeared this morning. It appears that the plaintiff made contact with the Court earlier this morning to say that she is unwell and has asked if the matter could be adjourned. I have had the plaintiff called outside and she is not present. 6. In circumstances where I could see no proper basis for the jurisdiction of this Court to be invoked on the basis of the matters disclosed in the summons and where it was an indulgence to the plaintiff to afford her an opportunity to file an amended summons, it seems to me that the summons should be dismissed. That is the course being urged upon me by counsel for the parties present today. 7. In deciding to dismiss the summons today, I do take into account the absence of the plaintiff, but she has been given an opportunity to file an amended summons and has failed to do so. 8. The order of the Court is: 1. Summons dismissed.