Harris (pseudonym) v Secretary, Department of Communities & Justice

• 1. Practice and Procedure
  2. › Summary disposal
  3. › Dismissal of proceedings
  4. › Abuse of process
  5. › Whether Supreme Court proceedings duplicated issues and relief sought in care proceedings in Children's Court
  6. › Uniform Civil Procedure Rules 2005 (NSW), r 13.4
• 1. Child Welfare
  2. › Statutory removal
  3. › Emergency removal
  4. › Warrants
  5. › Challenge in Supreme Court to validity of warrant for removal
  6. › Whether abuse of process
  7. › Duty of Children's Court to ascertain its own jurisdiction
  8. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 45, 233
• 1. Practice and Procedure
  2. › Declaratory relief
  3. › Whether bare declaration unassociated with consequential relief would constitute advisory opinion
  4. › Whether court should exercise discretion to grant merely declaratory relief
• 1. Costs
  2. › Orders against non-parties
  3. › Personal costs orders against lawyers
  4. › Whether to disallow costs of child's independent legal representative
  5. › Civil Procedure Act 2005 (NSW), s 99

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