Re Emma [2023] NSWSC 1088

Re Emma [2023] NSWSC 1088

The Court held that its parens patriae jurisdiction was sufficiently broad to support the recovery order directed to officers of the NSW Police Force without requiring the plaintiffs first to commence Local Court proceedings under the Family Law Act 1975 (Cth) and seek removal to the Supreme Court. The jurisdiction is practically unlimited unless displaced by a paramount power, and the recovery order operated in substance as an authorisation or administrative order facilitating police assistance to protect Emma, rather than as a personal contempt-backed command against every police officer. Given Emma's urgent risk of serious harm or death and the statutory role of police and child...

Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Application in the Equity Division Duty List for Secure Accommodation Orders and a Recovery Order in the Court's Parens Patriae Jurisdiction / Principal Judgment Giving Reasons for Orders Made on 18 August 2023
Outcome
Secure accommodation orders and a recovery order were made; the Court held that the parens patriae jurisdiction was sufficient to support the recovery order directed at officers of the NSW Police Force.
Legal Topics
['secure Accommodation Orders' 'recovery Order' 'supreme Court Jurisdiction' 'nsw Police Force Assistance' 'removal of Local Court Proceedings' 'suppression and Non Publication Orders']
['child Welfare' 'equity' 'parens Patriae Jurisdiction' 'family Law'] ['secure Accommodation Orders' 'recovery Order' 'supreme Court Jurisdiction' 'nsw Police Force Assistance' 'removal of Local Court Proceedings' 'suppression and Non Publication Orders']

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Procedural Posture

Application in the Equity Division Duty List for Secure Accommodation Orders and a Recovery Order in the Court's Parens Patriae Jurisdiction / Principal Judgment Giving Reasons for Orders Made on 18 August 2023

Legal Issues

  1. 1 ["Whether the Supreme Court of New South Wales' parens patriae jurisdiction is sufficiently extensive to make orders authorising and directing NSW Police Force officers to locate and recover a young person the subject of secure accommodation orders." 'Whether it was necessary for proceedings to be commenced in a Local Court under the Family Law Act 1975 (Cth) and then removed to the Supreme Court before such recovery orders could be made.' 'Whether urgent circumstances justified making the recovery order directly under the parens patriae jurisdiction.']

Ratio Decidendi

The Court held that its parens patriae jurisdiction was sufficiently broad to support the recovery order directed to officers of the NSW Police Force without requiring the plaintiffs first to commence Local Court proceedings under the Family Law Act 1975 (Cth) and seek removal to the Supreme Court. The jurisdiction is practically unlimited unless displaced by a paramount power, and the recovery order operated in substance as an authorisation or administrative order facilitating police assistance to protect Emma, rather than as a personal contempt-backed command against every police officer. Given Emma's urgent risk of serious harm or death and the statutory role of police and child...

Court Disposition

Secure accommodation orders and a recovery order were made; the Court held that the parens patriae jurisdiction was sufficient to support the recovery order directed at officers of the NSW Police Force.

Orders

  • ['Leave was granted to the plaintiffs to commence the proceedings in the Duty List of the Equity Division.' 'Suppression and non-publication orders were made prohibiting publication or disclosure of information identifying or tending to identify Emma until 19 July 2032, save for excluded purposes.' "Pending further...