Secretary of the Department of Family and Community Services; Re Julian [2014] NSWSC 399

Secretary of the Department of Family and Community Services; Re Julian [2014] NSWSC 399

The Court is satisfied that the secure accommodation order, including nightly confinement in a designated area, is necessary for Julian's immediate safety and future well-being, and that nothing short of these orders will adequately manage the risk of harm to him or others.

Jurisdiction
Australia
Judgment Date
02 April 2014
Procedural Posture
Secure Accommodation Order Application / Ex Parte Urgent Hearing Before Duty Judge
Outcome
Secure accommodation order made
Legal Topics
['parens Patriae Jurisdiction' 'secure Accommodation Orders' 'child Protection']
['family Law' 'child Welfare' 'equity'] ['parens Patriae Jurisdiction' 'secure Accommodation Orders' 'child Protection']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Secure Accommodation Order Application / Ex Parte Urgent Hearing Before Duty Judge

Legal Issues

  1. 1 ['Whether a secure accommodation order should be made under the parens patriae jurisdiction for the protection of Julian' 'Whether the detention and confinement of Julian is beyond the scope of parental responsibility and requires court sanction']

Ratio Decidendi

The Court is satisfied that the secure accommodation order, including nightly confinement in a designated area, is necessary for Julian's immediate safety and future well-being, and that nothing short of these orders will adequately manage the risk of harm to him or others.

Court Disposition

Secure accommodation order made

Orders

  • ['Grant leave to file Summons, Notice of Motion and affidavit of Catherine Keady.' 'Summons and Notice of Motion made returnable instanter.' 'Court closed for the hearing of the Notice of Motion pursuant to s 71 Civil Procedure Act 2005.' 'Return date for Summons set for 9 April 2014 at 10am before Duty Judge.'...