GR v The Department of Communities & Justice and Ors [2020] NSWSC 1901

Supreme Court New South Wales

Medium Neutral Citation: GR v The Department of Communities & Justice and Ors [2020] NSWSC 1901 Hearing dates: 10 December 2020 Decision date: 23 December 2020 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See [65]-[67] Catchwords: CHILD WELFARE — Judicial review of decision of the Children's Court — Whether there was jurisdictional error, error of law on face of the record, or fraud such that an order in the nature of certiorari should be made pursuant to s 69 of the Supreme Court Act 1970 (NSW) to quash the orders of the Children's Court — No error or fraud found — Discretion in the granting of prerogative relief Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 44, 71, 72, 73, 76, 77, 78, 78A, 79, 82, 83, 90, 98(2A) Children's Court Act 1987 (NSW) s 22A Children's Court Regulation 2019 (NSW) cl 5(1) Supreme Court Act 1970 (NSW) s 69(3) Cases Cited: CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855 Director-General, Department of Community Services, Re Thomas [2009] NSWSC 217 GR v Secretary, Department of Communities and Justice & Ors [2020] NSWSC 607 GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 GR v Secretary, Department of Family and Community Services and Justice & Ors (No 4) [2020] NSWSC 457 GR v The Department of Communities & Justice and Ors [2020] NSWSC 1622 Italiano v Carbone [2005] NSWCA 177 M v M [1988] HCA 68; (1988) 166 CLR 69 Neil v Legal Profession Complaints Committee [2011] WASCA 46 Nu v NSW Secretary of Family and Community Services [2017] NSWCA 221 Pantorno v R (1989) 166 CLR 466 Re AB (No 2) [2019] NSWSC 566 Re AB [2019] NSWSC 316 Re Alistair [2006] NSWSC 411 Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372 Re Tracey [2011] NSWCA 43 Smits v Roach (2006) 227 CLR 423 VV v District Court of New South Wales [2013] NSWCA 469 Category: Principal judgment Parties: GR (the mother) (plaintiff) Secretary, Department of Communities and Justice (first defendant) Minister for Families, Communities and Disability Services (second defendant) The father (third defendant) AB by his guardian ad litem, W Hoyles (fourth defendant) Children's Court of New South Wales (fifth defendant) Representation: Counsel: GR (self represented) D Kell SC, Crown Advocate, M Anderson (first & second defendants) The father (self represented) Mrs E Stolier (fourth defendant)