GR v Secretary, Department of Communities and Justice [2020] NSWSC 739

Supreme Court New South Wales

Medium Neutral Citation: GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 Hearing dates: 5 June 2020 Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Refuse leave to file the notice of motion dated 22 May 2020. 2. Vary the orders made by Kunc J on 18 March 2020 (and as varied by Robb J on 2 April 2020) by adding the following sub-orders to order (2): (e) in the body of the email to the Associate to the Duty Judge seeking an urgent listing, it be noted that: (i) leave is required to make an urgent interlocutory application; and (ii) whether or not there are any upcoming listings before the Supreme Court and/or Court of Appeal in relation to any proceedings relating to [the Child]; (f) a copy of the judgment of Robb J of 2 April 2020; and (g) a copy of this judgment and these orders. 3. The Plaintiff pay the First and Second Defendants' costs of the notice of motion filed 3 June 2020 and of the Plaintiff's application to file the 22 May Motion. Catchwords: CIVIL PROCEDURE – Hearings – Duty List – frequent interlocutory applications invoking parens patriae jurisdiction – application for leave to file further such application – non-compliance with earlier orders in relation to the making of such applications – application refused

CIVIL PROCEDURE — Jurisdiction — Inherent jurisdiction — abuse of process Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9(1), 33, 44, 61, 63, 69, 70, 71, 73, 76(1), 79, 79A, 83, 85, 90, 90A, 91, 99, 99A(2)(a), 99C(2), 99D(b), 105 Children's Court Act 1987 (NSW), s 22A Children's Court Regulation 2019 (NSW), cl 5(1)(a) Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 50.7 Vexatious Proceedings Act 2008 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Department of Communities and Justice (DCJ) and [the Child] (Final Orders) [2020] NSWChC Department of Communities and Justice (DCJ) and [the Child] [2020] NSWChC Director-General, Department of Community Services, Re Thomas [2009] NSWSC 217; (2009) 41 Fam LR 200 GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277 GR v Secretary, Department of Families, Disabilities and Community Services [2020] NSWCA 79 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWCA 177 GR v Secretary, Department of Family and Community Services and Justice (No 2) [2019] NSWSC 1725 GR v Secretary, Department of Family and Community Services and Justice (No 3) [2020] NSWSC 348 GR v Secretary, Department of Family and Community Services and Justice (No 4) [2020] NSWSC 457 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWSC 1073 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWSC 1146 GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 259 GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 607 GR v Secretary, Family, Disability and Community Services [2020] NSWSC 668 Henry v Henry (1996) 185 CLR 571; [1996] HCA 51 Jeffery and Katauskas Pty Ltd v SST Consulting Pty Ltd (2009) 239 CLR 75; [2009] HCA 43 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Perera v GetSwift Ltd (2018) 263 FCR 92; [2018] FCAFC 202 Re AB (No 2) [2019] NSWSC 566 Re Frances and Benny [2005] NSWSC 1207 Re Victoria [2002] NSWSC 647; (2002) 29 Fam LR 157 Rinehart v Rinehart [2020] NSWSC 68 Rogers v The Queen (1994) 181 CLR 251; [1994] HCA 42 Secretary of the Department of Health and Community Services v JWB (1992) 175 CLR 218; [1992] HCA 15 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 UBS AG v Tyne [2018] HCA 45; (2018) 92 ALJR 968; 360 ALR 184 Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538; [1990] HCA 55 Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Texts Cited: Brereton, Justice, "Children's Issues in the Supreme Court" (Address to the Children's Court of New South Wales Meeting, 8 April 2016) Taylor P, Elms E, Bellew Justice G and Meek M, Ritchie's Uniform Civil Procedure NSW (Looseleaf, LexisNexis) Category: Procedural and other rulings Parties: GR (Plaintiff) Secretary, Department of Communities and Justice (First Defendant) Minister for Families, Communities and Disability Services (Second Defendant) The Father (Third Defendant) K Wooi (Independent Legal Representative) Representation: Counsel: GR (Self represented) M Anderson (First and Second Defendants) Father (Self represented) E Stolier (for Independent Legal Representative)