Children's Law News Volumes 2005


CLN 10 - December 2005

Supreme Court decisions

Re Katherine[2004] NSWSC 899 (Studdert J, 26 November 2004).


'Is it Both Appropriate and Viable To Have a Beneficial Representative Role for Children in Criminal Proceedings and if so what Model Should be Adopted?'
A paper by Robert McLachlan, Solicitor.


Review of the Children and Young Persons (Care and Protection) Act 1998.

CLN 9 - December 2005

Supreme Court decisions

Re Frances and Benny [2005] NSWSC 1207 (Young CJ).
Application to quash orders of Children's Court- Director-General applied to Children's Court for child care orders- Court not satisfied with sufficiency of evidence to make order- Dismissed application- Whether superior court should exercise its supervisory or inherent parens patriae jurisdiction to deal with care orders- Parens patriae jurisdiction used in exceptional circumstances where other curial processes inadequate-Whether Children's Court correct to dismiss application because evidence insufficient- Child's welfare paramount- Court's duty is to adjourn rather than dismiss proceedings.


Considerations in Making a Contact Order
A paper by John Crawford, Children’s Magistrate.

Contact Orders (Including Supervisions Thereof)
A paper by John Crawford, Children’s Magistrate.


Contact Between Children in Out-of-home Care and their Birth Families (DoCS)

Report of Reviewable Deaths in 2004 (NSW Ombudsman)

CLN 8 - December 2005


Children and Young Persons (Care and Protection) Amendment Bill 2005 (repealed).

Supreme Court decisions

  Re Frances and Benny [2005] NSWSC 1154 (Barrett J).

Children’s Court decisions

In the Matter of Jillian (Mitchell SCM, 22 September 2005).

In the Matter of Sinead (Bone M, 11 November 2005).


Practical Points in Representing the Department of Community Services
A paper by Children’s Magistrate Ellis.

CLN 7 - November 2005

Children’s Court decisions

In the Matter of Spencer - Crawford CM
In making an order allocating parental responsibility to the Minister, the Court undertook a systematic consideration of the legislative tests relevant to permanency planning. A particularly difficult issue arising was the tension between the progress of the ongoing rehabilitation of the parent, its pace and the parent’s capacity for change and the need for permanency for the child.

In the Matter of Elizabeth - Mitchell SCM
Finding that the child was a child in need of care (s 71) – anorexic child – failure of parents to agree on medical treatment of child – whether inability to agree an inhibiting factor to effective treatment – the exercise of parental responsibility where the child is placed on a schedule under the Mental Health Act 1990.


Life after George
A paper by Children’s Magistrate Ellis. 

CLN 6 - August 2005

Supreme Court decisions

JIW v DPP (NSW) [2005] NSWSC 760 (Kirby J)
Criminal Practice & Procedure, child almost 18 years charged dangerous driving causing death, s 52A(1)(c), whether should be dealt with summarily or according to law, construction s 31(3) Children (Criminal Proceedings) Act 1987, duty to give reasons, s 31(4).

Court of Appeal decisions

Regina v AN [2005] NSWCCA 239
Mental Health - Imposition of limiting term on juvenile offender with severe mental impairment - approach to sentencing a person who was a young child at the time of the offence - whether general deterrence warranted - long delay since offence - term imposed is manifestly excessive.

Regina v MSS [2005] NSWCCA 227
Sentencing of a juvenile of sexual assault offence after conviction.

CLN 5 - July 2005

Children’s Court decisions

In the Matter of Pierce (Mitchell ASCM, 21 July 2005)


Concurrent Evidence in the Children's Court

Cases from other jurisdictions - Recent UK cases on ‘shaken baby syndrome’

CLN 4 - June 2005

'Contact and Its Place in Care Proceedings' - A speech by Acting Senior Children’s Magistrate Mitchell

Expert Evidence in Care Proceedings
A paper by Robert James McLachlan, solicitor.

Is there property in expert medical witnesses?
A paper by Robert James McLachlan, solicitor.

CLN 3 - May 2005


Joinder as a party. Is a genuine concern enough?
A paper by Robert James McLachlan, Solicitor.

'Appeals in the Supreme Court and District Court from Children’s Court Orders in “Care Proceedings'
A paper by Ian Bourke, Barrister (Frederick Jordan Chambers).

CLN 2 - April 2005

Children's Court decisions

The Police v Ryan – Mulroney CM
The Court found that a young person who was charged with stabbing a fellow student suffered from Asperger’s Syndrome and that the young person had been bullied by his victim. Despite the seriousness of the offence, the Court held that young person suffered from a mental condition that made him particularly vulnerable and made it particularly difficult for him to cope in social situations and the Court dealt with him pursuant to s 32 of the Mental Health (Criminal Procedure) Act 1990.

Supreme Court decisions

Royal Alexandra Hospital for Children v Joseph and Ors [2005] NSWSC 422 – Gzell J
Parens patriae jurisdiction - Order sought by hospital to administer blood transfusion to a Jehovah's Witness child. The child is over 16 years and opposed the making of the order as did his parents.


‘Sentencing in the Children’s Court’ - A paper by Magistrate Beverley Schurr.

CLN 1 - February 2005


‘Sudden unexpected death in infancy: A multi-agency protocol for care and investigation’ (UK) - abstract.

Supreme Court decisions

Re Liam: - [2005] NSWSC 75 – McDougall J
Section 86 of the Children and Young Persons (Care and Protection) Act 1998 requires the Children’s Court to consider whether contact should be ordered, and if so contact of what nature and also whether any such contact should be supervised. This decision cannot be left to the discretion of the Director-General.

Minister for Community Services v Children’s Court of NSW & 3 Ors (RE Nadya)[2005] NSWSC 154 - Hoeben J
A direction to a young person “That you reside as directed by the Department of Community Services …” was within power as there was no obligation being imposed on the Department to give a direction. The source of that power is to be found in s 33 of the Children (Criminal Proceedings) Act 1987 and in Regulation 7 made under that Act.