GR v Secretary, Department of Communities and Justice & Ors [2020] NSWSC 607

Supreme Court New South Wales

Medium Neutral Citation: GR v Secretary, Department of Communities and Justice & Ors [2020] NSWSC 607 Hearing dates: 14 May 2020 Date of orders: 22 May 2020 Decision date: 22 May 2020 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff's stay application refused. No order for costs made. Recommendation made for the plaintiff's appeal to be expedited. Catchwords: FAMILY LAW – Children – appeal under the Children and Young Persons (Care and Protection) Act 1998 ("the Care Act") from a determination in Presidential Children's Court proceedings – the determination granted parental responsibility for the child to the Minister – the child's mother, the plaintiff, appeals under Care Act, s 91 to the Supreme Court – the plaintiff seeks by motion to stay the orders of the Presidential Children's Court – whether a stay should be granted. Legislation Cited: Children's Court Act 1987, s 22A Children's Court Regulation 2019, cl 51A Children and Young Persons (Care and Protection) Act 1998, ss 91, 91(7) Uniform Civil Procedure Rule 2005, rr 50.5, 50.7, 50.18, 50.18(1)(b) Cases Cited: Amoco Australia Pty Ltd v Rocca Bros. Motor Engineering Co Pty Ltd (1972) 7 SASR 268 FAI Insurance Ltd v Registrar of Workers Compensation Commission of NSW [1982] 1 NSWLR 239 GR v Secretary, Department of Family and Community Services and Justice & Ors (No. 2) [2019] NSWSC 1725 G v Family and Community Services [2019] NSWSC 229 GR v Secretary Department of Family and Community Services and Justice & Ors [2019] NSWSC 1146 GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 348 GR v Secretary, Department of Family and Community Services and Justice & Ors (No. 3) [2020] NSWSC 259 GR v Secretary, Department of Family and Community Services and Justice & Ors (No. 4) [2020] NSWSC 457 GR v Secretary, Department of Family, Families, Disabilities and Community Services [2020] NSWCA 79 JC Scott Constructions v Mermaid Waters Tavern Pty Ltd (No. 1) [1983] 2 QdR 243 NSW Bar Association v Stevens (2003) 52 ATR 602 Category: Procedural and other rulings Parties: Appellant (mother): in person First Respondent: Secretary, Department of Communities and Justice Second Respondent: Minister for Families, Communities and Disability Services Third Respondent (father): in person Fourth Respondent: the child Representation: Counsel: