GR v Secretary, Department of Families, Disabilities and Community Services (No 2) [2020] NSWCA 198

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GR v Secretary, Department of Families, Disabilities and Community Services (No 2) [2020] NSWCA 198 Hearing dates: 26 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Before: Basten JA; McCallum JA Decision: (1) Refuse the application for leave to appeal from the interlocutory orders made (i) by Robb J on 2 April 2020; (ii) by Kunc J on 24 April 2020, and (iii) by Slattery J on 22 May 2020. (2) Order that the applicant pay the first and second respondents' costs in this Court, based on common representation. Catchwords: APPEALS – leave to appeal – interlocutory orders – procedural orders in Equity Division – constraints on applicant's access to parens patriae jurisdiction – abuses of process – repeated applications to the Court – disregard of procedural requirements APPEALS – leave to appeal – interlocutory orders – interlocutory orders refusing relief in parens patriae jurisdiction – final care orders made in Children's Court – relief sought would reverse orders made by Children's Court – separate statutory appeal from Children's Court orders pending in Equity Division Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 44, 83, 91, 247 Children's Court Act 1987 (NSW), s 22A Cases Cited: GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 GR v Secretary, Department of Family and Community Services [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 [2020] NSWSC 607 In Re Will of FW Gilbert (dec'd) (1946) 46 SR (NSW) 318 Category: Procedural and other rulings Parties: GR (Applicant) Secretary, Families, Disabilities and Community Services (First Respondent) The Minister, Families, Disabilities and Community Services (Second Respondent) BB (Third Respondent) AB (Fourth Respondent) Representation: Counsel: Applicant self-represented Mr D Kell SC / Mr M Anderson (First and Second Respondents) Ms E Stolier (Fourth Respondent)