A v Secretary, Department of Communities and Justice (No. 5) [2020] NSWSC 1340

Supreme Court New South Wales

Medium Neutral Citation: A v Secretary, Department of Communities and Justice (No. 5) [2020] NSWSC 1340 Hearing dates: 7 September 2020 Date of orders: 1 October 2020 Decision date: 01 October 2020 Jurisdiction: Equity - Applications List Before: Williams J Decision: The proceeding is dismissed as an abuse of the process of the Court pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 13.4. Catchwords: PRACTICE AND PROCEDURE – summary dismissal – abuse of process – where proceedings commenced in the Supreme Court seeking relief in the parens patriae jurisdiction of Court – where the basis for the relief sought seeks to re-litigate issues determined in previous proceedings in the Children's Court and on appeal to the Supreme Court – proceedings dismissed as an abuse of the process of the Court Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9, 36, 61, 71, 72, 73, 79, 80, 81, 82, 83, 90, 91 and 105 Children's Court Act 1987 (NSW), s 22A Children's Court Regulation 2019 (NSW), reg 5 Civil Procedure Act 2005 (NSW), s 56 and Pt 10 District Court Act 1973 (NSW), s 127 Supreme Court Act 1970 (NSW), ss 48, 69 and 101 Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 6.29, 13.4 and 50.3 Cases Cited: A v Secretary, Department of Communities and Justice (No. 4) [2019] NSWSC 1872 A v Secretary, Family and Community Services (No 2) [2019] NSWSC 43 CAC v The Secretary, Department of Family and Community Services [2015] NSWCA 105 Druett v Director-General of Community Services [2001] NSWCA 126 GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWCA 177 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Re Felicity; FM v Secretary, Department of Family and Community Services (No 3) [2014] NSWCA 226 X v Director-General of the Department of Community Services [2001] NSWCA 413 Category: Procedural and other rulings Parties: A (First Plaintiff) B (Second Plaintiff) Secretary, Department of Communities and Justice (First Defendant) Minister for Families, Communities and Disability Services (Second Defendant) D (Third Defendant) Representation: Counsel: Mr M W Anderson (First and Second Defendants)