Brown v Brown [2022] NSWSC 16

Brown v Brown [2022] NSWSC 16

Extraordinary circumstances did not exist for the Supreme Court to exercise its parens patriae jurisdiction because the Federal Circuit and Family Court of Australia was a specialist court with a specialist COVID-19 List capable of acting urgently and had developed jurisprudence on child vaccination disputes. However, because Miss Brown was about to be returned to Mr Brown, an injunction was appropriate to preserve Mrs Brown's ability to bring the Family Court application.

Jurisdiction
Australia
Judgment Date
14 January 2022
Procedural Posture
Urgent Application in the Parens Patriae Jurisdiction Concerning COVID 19 Vaccination of a Child / Return of Summons; Ex Tempore Revised Judgment
Outcome
Proceedings dismissed, with a limited injunction granted to preserve the status quo pending determination of the Federal Circuit and Family Court of Australia application.
Legal Topics
['parens Patriae Jurisdiction' 'covid 19 Vaccination of Child' 'specialist Jurisdiction of Federal Circuit and Family Court of Australia' 'injunction to Preserve Status Quo']
['child Welfare' 'family Law' 'equity'] ['parens Patriae Jurisdiction' 'covid 19 Vaccination of Child' 'specialist Jurisdiction of Federal Circuit and Family Court of Australia' 'injunction to Preserve Status Quo']

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Procedural Posture

Urgent Application in the Parens Patriae Jurisdiction Concerning COVID 19 Vaccination of a Child / Return of Summons; Ex Tempore Revised Judgment

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales should exercise its parens patriae jurisdiction to determine whether Miss Brown should be vaccinated against COVID-19.' 'Whether an injunction should be granted to preserve the status quo while Mrs Brown brings an application in the Federal Circuit and Family Court of Australia.']

Ratio Decidendi

Extraordinary circumstances did not exist for the Supreme Court to exercise its parens patriae jurisdiction because the Federal Circuit and Family Court of Australia was a specialist court with a specialist COVID-19 List capable of acting urgently and had developed jurisprudence on child vaccination disputes. However, because Miss Brown was about to be returned to Mr Brown, an injunction was appropriate to preserve Mrs Brown's ability to bring the Family Court application.

Court Disposition

Proceedings dismissed, with a limited injunction granted to preserve the status quo pending determination of the Federal Circuit and Family Court of Australia application.

Orders

  • ["Mr Brown restrained from causing or permitting any COVID-19 vaccine to be administered to Miss Brown until determination of Mrs Brown's application in the COVID-19 List of the Federal Circuit and Family Court of Australia." 'The summons otherwise dismissed with no order as to costs.']