GR v Secretary, Department of Communities and Justice [2020] NSWSC 892

Supreme Court New South Wales

Medium Neutral Citation: GR v Secretary, Department of Communities and Justice [2020] NSWSC 892 Hearing dates: 6-10 and 13-14 July 2020 (by email exchanges) Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Equity - Duty List Before: Lindsay J (on the papers) Decision: Application for leave to file a notice of motion refused Catchwords: CIVIL PROCEDURE – hearings – duty list – frequent interlocutory applications invoking parens patriae jurisdiction – application for leave to file further such application – no basis for urgent interlocutory application to duty judge – application for leave refused CIVIL PROCEDURE – jurisdiction – inherent jurisdiction – abuse of process – procedural regulation of unwarranted applications – application for leave to file allegedly "urgent" interlocutory application refused Legislation Cited: Australian Courts Act 1828 Children and Young Persons (Care and Protection) Act 1998 NSW The Third Charter of Justice, 13 October 1823 Supreme Court Act 1970 NSW Uniform Civil Procedure Rules 2005 NSW Vexatious Proceedings Act 2008 NSW Cases Cited: Commonwealth Trading Bank v Inglis (1974) 131 CLR 311 Fountain v Alexander (1982) 150 CLR 615 GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 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 (No. 4) [2020] NSWSC 457 P v NSW Trustee and Guardian (2015) NSWSC 579 Re AAA; Report on a Protected Person's Attainment of the age of majority [2016] NSWSC 805 Re B (No. 1) [2011] NSWSC 1075 Re Eve [1986] 2 SCR 388 at 407-417; (1986) 31 DLR (4th) 1 Re Frieda and Geoffrey [2009] NSWSC 133; 40 Fam LR 608 Re Victoria [2002] NSWSC 647; 29 Fam LR 157 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Wellesley v Duke of Beaufort (2 Russ 1 at 20; 389 ER 236 Williams v Spautz (1992) 174 CLR 509 at 518; Walton v Gardiner (1993) 177 CLR 378 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff: GR, mother of child in care First Defendant: Secretary, Department of Communities and Justice Second Defendant: Minister for Families, Communities and Disability Services Third Defendant: Father of child Fourth Defendant: Independent Legal Representative of child Representation: Counsel: Plaintiff: Self represented First and Second Defendants: J Mooney, Solicitor Third Defendant: Self represented Fourth Defendant: K Wooi, Solicitors