Re: Vincenzo [2002] NSWCA 349

The District Court did not make an order allocating parental responsibility beyond 22 December 2002; as such, much of DOCS' application is moot and should be dismissed.

Jurisdiction: Australia
Judgment Date: 10 October 2002
Procedural Posture: Application for Relief in the Nature of Certiorari / Interlocutory; Provisional Judgment and Adjournment
Outcome: summons dismissed, provisional view published, adjourned for further submissions
Legal Topics: ['parental Responsibility' 'care Orders' "appeals From Children's Court"]

['family Law' 'children Law'] ['parental Responsibility' 'care Orders' "appeals From Children's Court"]

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 2 Amounts and remedies 1

Procedural Posture

Application for Relief in the Nature of Certiorari / Interlocutory; Provisional Judgment and Adjournment

Legal Issues

1 ['Whether District Court made an order allocating parental responsibility beyond 22 December 2002' 'Whether there was error of law or jurisdictional error in the District Court decision' 'Whether the welfare and wellbeing of the child was treated as paramount']

Ratio Decidendi

The District Court did not make an order allocating parental responsibility beyond 22 December 2002; as such, much of DOCS' application is moot and should be dismissed.

Court Disposition

summons dismissed, provisional view published, adjourned for further submissions

Orders

['DOCS to pay costs of father and representative for the child.' 'Transcript and orders to be served on the mother.' 'Mother to be given opportunity to provide submissions.' 'Adjourned to Monday 28 October 2002 at 9.30 am.']