Secretary, Department Family and Community Services; Re "Lee" [2014] NSWSC 417

Secretary, Department Family and Community Services; Re "Lee" [2014] NSWSC 417

Because the Court had jurisdiction to issue a recovery order, the Minister was plainly a person concerned with the care, welfare or development of the child, and the child’s best interests required her return to secure accommodation rather than remaining at large with whereabouts unknown, a recovery order should be made.

Jurisdiction
Australia
Judgment Date
04 April 2014
Procedural Posture
Interlocutory Application for a Recovery Order in Aid of Secure Accommodation Orders / Ex Tempore Decision on Notice of Motion
Outcome
Recovery order made.
Legal Topics
['recovery Order' 'secure Accommodation Order' 'jurisdiction' 'cross Vesting' 'best Interests of the Child']
['family Law' 'child Welfare'] ['recovery Order' 'secure Accommodation Order' 'jurisdiction' 'cross Vesting' 'best Interests of the Child']

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Procedural Posture

Interlocutory Application for a Recovery Order in Aid of Secure Accommodation Orders / Ex Tempore Decision on Notice of Motion

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales had jurisdiction to make a recovery order under the (Cth) Family Law Act 1975.' 'Whether there was standing to apply for a recovery order under s 67T of the (Cth) Family Law Act 1975.' "Whether the child's best interests required a recovery order after she absconded while subject to secure accommodation orders."]

Ratio Decidendi

Because the Court had jurisdiction to issue a recovery order, the Minister was plainly a person concerned with the care, welfare or development of the child, and the child’s best interests required her return to secure accommodation rather than remaining at large with whereabouts unknown, a recovery order should be made.

Court Disposition

Recovery order made.

Orders

  • ['The Sheriff and all the Sheriff\'s officers and all officers of Australian Federal Police are authorised and directed, with such assistance as he/she or they may require, and if necessary by force, to recover the child [name] born on [date] (in these proceedings known as "Lee") and to deliver her to a delegate of...