NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Abraham v Department of Communities and Justice [2019] NSWSC 1071 Hearing dates: 15 August 2019 Date of orders: 15 August 2019 Decision date: 15 August 2019 Before: Henry J Decision: Dismiss the plaintiff's summons; make recovery orders in respect of the child. Catchwords: CHILD WELFARE – whether appropriate for Court to exercise parens patriae jurisdiction where Children's Court of NSW has already made orders – Court declined to exercise jurisdiction
FAMILY LAW – children – jurisdiction of Children's Court of NSW – whether child "ordinarily resident" in NSW – recovery order made Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 4, 61, 136, 137 Court Suppression and Non-Publication Orders Act 2010 (NSW), s 8 Family Law Act 1975 (Cth), ss 60CC, 67B, 67U Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 9 Cases Cited: MAW v Western Sydney Area Health Service [2000] NSWSC 358 Re Tilly v Minister for Family and Community Services [2015] NSWSC 1208 Category: Principal judgment Parties: Yael Abraham (Plaintiff) Department of Communities and Justice (Defendant) Jane (Child) Representation: Counsel: Self-represented (Plaintiff) C Christaki (solicitor) (Defendant) N Callander (solicitor) (Child)
Solicitors: Crown Solicitor's Office NSW (Defendant) Legal Aid NSW (Child) File Number(s): 2019/00255161
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