George v Children's Court of New South Wales & 4 Ors

The applicant, George, sought judicial review of an order made by the Children's Court of New South Wales. The Children's Court had made an order requiring the Department of Community Services (DOCS) to pay for the travel and accommodation expenses of the parents of a child in foster care, to facilitate contact between the parents and the child. George, presumably a party to the proceedings or an interested party, challenged the Children's Court's power to make such an order. The appeal was heard by Sheller, Ipp, and McColl JJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the Children's Court possessed the statutory power to make an order requiring a government department, DOCS, to fund the travel and accommodation expenses of parents for the purpose of maintaining contact with their child who was in foster care. This required an interpretation of the relevant legislative provisions, specifically section 74 of the *Children and Young Persons (Care and Protection) Act 1998* (NSW) and section 15 of the *Children's Court Act 1987* (NSW), to determine if such a power was expressly granted or could be implied.

The Court of Appeal considered the scope of the Children's Court's jurisdiction and its powers under the relevant legislation. It examined whether the power to make orders for the welfare and best interests of a child, as contemplated by the Acts, extended to making financial orders against a government department to facilitate parental contact. The court's reasoning would have involved a close analysis of the statutory language, the purpose of the legislation, and established principles of statutory interpretation, including the concept of implied powers necessary to give effect to the express provisions of the Acts.

Ultimately, the Court of Appeal dismissed the appeal. No order as to costs was made.