In re the Child “AS” [2023] NSWSC 951

In re the Child “AS” [2023] NSWSC 951

There is no detention, let alone an unlawful one, to found a writ of habeas corpus, and the grave allegations of conspiracy and malicious prosecution have not been properly pleaded or supported by any material; thus, the proceedings are an abuse of process and should be dismissed.

Parties
First Plaintiff: TS; Second Plaintiff: VS; First Defendant: Secretary, Department of Communities and Justice; Second Defendant: Department of Communities and Justice; Third and Fourth Defendants: Children's Court of New South Wales
Jurisdiction
Australia
Judgment Date
14 August 2023
Procedural Posture
Claim by Summons for Writ of Habeas Corpus / Dismissal Judgment
Outcome
Proceedings dismissed
Legal Topics
Habeas Corpus, Vexatious Proceedings, Malicious Prosecution, Abuse of Process
Children and Young Persons Equity Habeas Corpus Vexatious Proceedings Malicious Prosecution Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

TS

First Plaintiff

VS

Second Plaintiff

Secretary, Department of Communities and Justice

First Defendant

Department of Communities and Justice

Second Defendant

Children's Court of New South Wales

Third and Fourth Defendants

Procedural Posture

Claim by Summons for Writ of Habeas Corpus / Dismissal Judgment

Legal Issues

  1. 1 Whether the writ of habeas corpus is available in relation to the child
  2. 2 Whether claims of vexatious proceedings and malicious prosecution are justified
  3. 3 Whether the proceedings constitute an abuse of process

Ratio Decidendi

There is no detention, let alone an unlawful one, to found a writ of habeas corpus, and the grave allegations of conspiracy and malicious prosecution have not been properly pleaded or supported by any material; thus, the proceedings are an abuse of process and should be dismissed.

Court Disposition

Proceedings dismissed

Orders

  • The proceedings be dismissed.