Re: Mary [2018] NSWSC 678

The balancing exercise of protecting Mary from significant risk of harm in the absence of appropriate alternatives justifies making secure accommodation and ancillary orders under the Court's parens patriae jurisdiction.

Jurisdiction: Australia
Judgment Date: 09 May 2018
Procedural Posture: Application for Secure Accommodation Orders / Decision on Application
Outcome: Secure accommodation and ancillary orders made
Legal Topics: ['children' 'parens Patriae Jurisdiction' 'secure Accommodation Orders' 'liberty and Personal Autonomy' 'risk of Harm']

['equity' 'protective Jurisdiction'] ['children' 'parens Patriae Jurisdiction' 'secure Accommodation Orders' 'liberty and Personal Autonomy' 'risk of Harm']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Secure Accommodation Orders / Decision on Application

Legal Issues

1 ['Whether secure accommodation orders should be made in respect of Mary' 'Balancing restriction of liberty and risk of harm to child' 'Adequacy of alternatives to secure accommodation program']

Ratio Decidendi

Court Disposition

Secure accommodation and ancillary orders made

Orders

['Mary is to be placed in secure accommodation under the Sherwood program' "The matter to come back before this or another Judge in the future with evidence of Mary's progress in the Sherwood program"]