Re Kerry

The Supreme Court of New South Wales, through Young JA, considered an application for an interim access order concerning visitation rights. The applicant sought this order in the context of proceedings that involved, or could involve, relief in the nature of certiorari.

The central legal issue before the Court was whether the Court of Appeal possessed the power to grant interim relief, specifically a supervised access order, in circumstances where the primary application was for relief in lieu of certiorari. This also raised the question of whether the Court, in its supervisory role over jurisdiction, should grant an ancillary order pertaining to a personal matter such as visitation rights.

The Court determined that it had the jurisdiction to grant a mandatory interim injunction that was ancillary to the relief sought under section 69 of the *Supreme Court Act 1970*. The Court granted the supervised access order on its merits, after taking personal undertakings from the parties. However, Young JA cautioned against the use of section 69 to set aside or affect decisions made by the District Court on statutory appeals from the Children's Court. An order for additional access was ultimately made.