GR v The Department of Communities & Justice and Ors [2020] NSWSC 1622

Supreme Court New South Wales

Medium Neutral Citation: GR v The Department of Communities & Justice and Ors [2020] NSWSC 1622 Hearing dates: 6, 10 November 2020 Further submissions received from first and second and third defendants on 11 November and from the plaintiff on 12 November 2020 Decision date: 16 November 2020 Jurisdiction: Equity Before: Sackar J Decision: See [91], [107]-[109] Catchwords: CHILD WELFARE — Care proceedings — Independent Legal Representative for the child or young person — Whether Independent Legal Representative for the child should be removed or replaced CHILD WELFARE — Care proceedings — Guardian ad litem — Whether s 98(2A) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) requires the Court to appoint a guardian ad litem where child or young person is a party to the proceedings and the Court is of the opinion that they are incapable of giving proper instructions to a legal representative — Interaction between ss 98(2A), 100 and 101 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) CHILD WELFARE — Care proceedings — Parties to care proceedings — Whether Independent Legal Representative for the child or young person should be a party to proceedings — Whether child or young person should be a party to care proceedings Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 10, 91, 93, 98, 98(2A), 99, 99A, 99C, 99D, 100, 101 Children's Court Act 1987 (NSW) s 22A Children's Court Regulation 2019 (NSW) cl 5(1) Civil Procedure Act 2005 (NSW) s 3 Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) s 21 Cases Cited: A v A [2015] NSWSC 1778 Bobolas v Waverley Council [2012] NSWCA 126 Briginshaw v Briginshaw (1938) 60 CLR 336 City of Swan [2010] WASC 204 Dalle-Molle v Manos (2004) 88 SASR 193 David Resler Walton by his tutor John Mann v Terence Hartman as executor of the estate of Wanda Resler [2019] NSWSC 1749 FaCS v Davidson and Simpson Children [2012] NSWChC 10 Gibbons v Wright (1954) 91 CLR 423 Goddard Elliot v Fritsch [2012] VSC 87 Gurtner v Circuit [1968] 2 QB 587 Levy v Victoria (1997) 189 CLR 579 Masterman-Lister [2003] 1 WLR 1511 News Ltd And Others v Australian Rugby Football League Ltd And Others (1996) 139 ALR 193 Owners of Strata Plan No 23007 (2006) 153 FCR 398 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Re Jayden [2007] NSWCA 35 Re Sally [2011] NSWSC 1696 Secretary of Dept of Health and Community Services v JWB and SMB (1990) 175 CLR 218 SL v Secretary, Department of Family and Community Services [2016] NSWCA 124 Trop Nominees Pty Ltd v Liquor Licensing Cmr (1987) 46 SASR 255 White v Fell (Unreported, Queen's Bench of the High Court of Justice, 12 November 1987) Texts Cited: A V Dicey, A Treatise on the Rules for the Selection of the Parties to an Action (William Maxwell & Son, 1870) Category: Procedural and other rulings Parties: GR (mother) (plaintiff) Secretary, Department of Communities and Justice (first defendant) Minister for Families, Communities and Disability Services (second defendant) The father (third defendant) Ms K Wooi (Independent Legal Representative for AB and fourth defendant) The young person, AB (fifth defendant) Representation: Counsel: GR (self represented) M Anderson (first & second defendants) The father (self represented) Mrs E Stolier (for Independent Legal Representative, fourth defendant)