Re Anita (No 3) [2016] NSWSC 1959

Supreme Court New South Wales

Medium Neutral Citation: Re Anita (No 3) [2016] NSWSC 1959 Hearing dates: 26 July 2016 Date of orders: 02 August 2016 Decision date: 02 August 2016 Jurisdiction: Equity Before: Robb J Decision: No orders made, other than to adjourn the proceedings Catchwords: FAMILY LAW AND CHILD WELFARE – parens patriae jurisdiction – orders made for control and secure accommodation of young person when 13 years of age – young person has attained 18 years – order for parental responsibility in favour of Minister, Department of Family and Community Services ceased when young person became 18 – guardianship order made by NSW Civil & Administrative Tribunal in favour of Public Guardian – continuing operation of parens patriae jurisdiction – principles applicable – supervision by court of transition to exercise of guardianship powers by Public Guardian Legislation Cited: Guardianship Act 1987 (NSW) NSW Trustee and Guardianship Act 2009 (NSW) Cases Cited: Secretary, Department Family and Community Services; Re "Lee" [2015] NSWSC 1276 Secretary, Department of Family and Community Services: Re "Lee" [2016] NSWSC 138 Re AAA; Report on Protected Person's Attainment of the Age of Majority [2016] NSWSC 805 Re Application of Local Health District; Patient Fay [2016] NSWSC 624 Category: Procedural and other rulings Parties: Secretary, Department of Family and Community Services (plaintiff) The Public Guardian (first defendant) Anita's mother (second defendant) Representation: Counsel: M England (plaintiff)