Re Millie; (No. 3)

Case

[2019] NSWSC 1416

18 October 2019


Details
AGLC Case Decision Date
Re Millie; (No. 3) [2019] NSWSC 1416 [2019] NSWSC 1416 18 October 2019

CaseChat Overview and Summary

In the case of Re Millie, the dispute before the court involved the continued administration of parental responsibility and the control of proceedings concerning a young person residing in the Sherwood House program. The young person had already reached the age of eighteen but remained under the jurisdiction of the court due to her disability. The central issue before the court was whether its parens patriae jurisdiction extended beyond the individual’s eighteenth birthday based on the individual's disability. Additionally, the court needed to determine whether the delay in approving the full funding assessment through the National Disability Insurance Scheme (NDIS) should impact the proceedings.

The court found that its parens patriae jurisdiction over the young person continued due to her disability, not her age. This jurisdictional authority allowed the court to manage the young person's affairs and ensure she received appropriate care and support. The court also noted the ongoing need for a resolution regarding the individual's living arrangements and support. Despite the assessment for full funding being completed, the financial package had not yet been approved by the NDIS. The court decided to adjourn the matter briefly to allow the NDIS issue to resolve, ensuring that the young person would receive the necessary support for independent living. The court emphasised the importance of early resolution to provide stability and appropriate care for the individual.

The final orders of the court included an adjournment of the proceedings to allow time for the NDIS funding package to be approved and for the individual’s living arrangements to be finalised. The court also made observations on the urgency of resolving the young person’s situation to ensure her continued well-being and appropriate support.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Jurisdiction

  • Standing

  • Limitation Periods

  • Abuse of Process

  • Civil Penalty