Director-General of The Department for Community Development v T'Hart & Ors

(2003) 27 WAR 185; [2003] WASCA 110

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Courts
2. › Supreme Court
3. › Parens patriae jurisdiction
4. › Whether excluded by statute
5. › Family Court Act 1997 (WA), s 184(1)
6. › Child a ward under Child Welfare Act 1947 (WA)
7. › Absence of consent by Director-General to institution of proceedings in Family Court
8. › Whether Supreme Court has power to resolve matter in issue
9. › Supreme Court Act 1935 (WA), s 16(1)(d)
1. Family Law
2. › Child welfare
3. › Jurisdiction
4. › Exclusive jurisdiction of Family Court
5. › Proceedings that may be instituted under the Act
6. › Whether proceedings can be 'instituted' where Family Court cannot make orders due to absence of consent
7. › Family Court Act 1997 (WA), ss 162, 184(1), 202
1. Statutes
2. › Construction
3. › Presumption against ousting inherent jurisdiction
4. › Parens patriae jurisdiction
5. › Whether clear and unambiguous language required to abolish or suspend parens patriae jurisdiction

Quick Take

Where the Director-General withholds consent under s 202 of the Family Court Act 1997 (WA) to the institution of proceedings in the Family Court concerning a ward of the State, the Supreme Court's parens patriae jurisdiction under s 16(1)(d) of the Supreme Court Act 1935 (WA) is not ousted by s 184(1) of the Family Court Act. The prohibition in s 184(1) is confined to situations where the Family Court is in a position to make orders. Whether the parens patriae jurisdiction is alternatively preserved as a 'child welfare law' under s 202(2) remains an open question.