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Where am I now? Lawlink > Children's Court > Care and Protection matters > Care and Protection Case Law
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Care and Protection Case Law
- Spruill v Director General of the Department of Community Services [2001] NSWCA 413
Jurisdiction to hear appeal from the District Court
- Director General, NSW Department of Community Services v Children's Court of NSW & Ors [2002] NSWSC 679 (31 July 2002)
Courts - Practice and procedure - Children's Court - Duty of Children's Court to give reasons - Discretion - Court expert -
Authorised Clinician - Oral evidence - Declaration - Order in the nature of mandamus - Costs
- Director-General, Department of Community Services v. Dessertaine & Ors [2003] NSWSC 972
Children's Court - care orders - whether necessary for magistrate to
determine existence of all reasons asserted for an order - whether Act
prevents an undetermined reason being later considered on mkaing
of final order - whether insufficient reasons given.
- Minister for Community Services & Anor v The Children's Court & Ors [2003] NSWSC 863 (21 August 2003)
Children's Court - Child in Foster Care - Contact Visits by Parents General of Community Services to pay travel
and accommodation expenses of parents exercising that contact
Minister for Community Services seeking orders quashing
certain determinations by a Magistrate in the Children's Court -
Power of Children's Court to rescind, vary or suspend care orders -
Whether power to suspend can be implied - Interim orders
Children's Court - emergency protection and care applications
- interim orders - power to vest "care responsibility"
in the Director-General
FAMILY LAW AND CHILD WELFARE [121] - Child welfare other than under
Family Law Act 1975 - Custody - Practice - Separate representation of
child - Proceedings for review by Supreme Court of Magistrate's interlocutory
ruling - Whether separate representative should be appointed to carry out same
functions as would legal representative appointed under s 99 of the Children
and Young Persons (Care and Protection) Act 1998 in the Children's Court.
FAMILY LAW AND CHILD WELFARE [108] - Child welfare
other than under Family Law Act 1975 (Cth) -
Wards of Court - Supreme Court - Inherent jurisdiction
to protect infants - Orders for detention and medical
treatment of infant using reasonable force if necessary
- Whether order for wardship necessary.
Application for certiorari in respect of refusal of
leave by Children's Court - Considerations in the
granting of leave under s90(2) of the Act to revoke
or vary a care order
FAMILY LAW AND CHILD WELFARE [160], [161] - Child welfare other than under
Family Law Act 1975 (Cth) - Children in care of State - Care and protection applications
- Orders by Children's Court for psychiatric examination and assessment -
Children's Court Clinic not appointed to carry out examination and assessment - Whether
orders within power - Whether Supreme Court can make orders.
FAMILY LAW AND CHILD WELFARE [160], [161] - Child welfare other than
under Family Law Act 1975 (Cth) - Children in care of State - Care and protection applications
- Orders for psychiatric examination and assessment in assistance of Children's Court
proceedings - Appointment of private child psychiatrist rather than Children's Court Clinic.
FAMILY LAW AND CHILD WELFARE - Parens patriae jurisdiction of Supreme Court - proceedings
in Children's Court - interference by Supreme Court - invocation of parens patriae jurisdiction in
what is, in substance, an appeal from Children's Court custody decision - attempt to by-pass
appeal to District Court on ground that District Court cannot hear appeal expeditiously
- principles discussed.
Criminal law - sentence - infanticide - plea of guilty - prior history of severe mental illness
- post-natal depression and psychosis - limited culpability - extensive post-offence psychiatric
treatment - further supervising by Department of Community Services - protection of community.
CHILDREN - care proceedings - interim order by Children's Court for access
- interlocutory relief in this Court in support of that order - question of costs
TC v State of New South Wales [1999] NSWSC 31 (11 February 1999)
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