Re Cameron [2012] NSWSC 1453

Re Cameron [2012] NSWSC 1453

Certiorari does not lie because the section 44 direction was provisional and spent once the Children’s Court was seized of the matter under section 45. The Magistrate’s failure to expressly reference section 70A does not amount to jurisdictional error, and the Supreme Court’s supervisory jurisdiction should not ordinarily be exercised over interim orders where the appropriate forum is the Children’s Court.

Jurisdiction
Australia
Judgment Date
23 November 2012
Procedural Posture
Judicial Review / Hearing and Decision on Application for Certiorari
Outcome
Summons dismissed
Legal Topics
['certiorari' 'section 44 Children and Young Persons (care and Protection) Act 1998' 'section 69 and 70 a Children and Young Persons (care and Protection) Act 1998' 'supreme Court Supervisory Jurisdiction']
['child Protection'] ['certiorari' 'section 44 Children and Young Persons (care and Protection) Act 1998' 'section 69 and 70 a Children and Young Persons (care and Protection) Act 1998' 'supreme Court Supervisory Jurisdiction']

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Procedural Posture

Judicial Review / Hearing and Decision on Application for Certiorari

Legal Issues

  1. 1 ['Whether the Director General validly exercised power under section 44 of the Children and Young Persons (Care and Protection) Act 1998' 'Whether the Magistrate considered section 70A of the Children and Young Persons (Care and Protection) Act 1998' "Whether certiorari lies to quash interim orders of the Children's Court"]

Ratio Decidendi

Certiorari does not lie because the section 44 direction was provisional and spent once the Children’s Court was seized of the matter under section 45. The Magistrate’s failure to expressly reference section 70A does not amount to jurisdictional error, and the Supreme Court’s supervisory jurisdiction should not ordinarily be exercised over interim orders where the appropriate forum is the Children’s Court.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed']