GR v Secretary, Department of Communities and Justice [2021] NSWCA 99

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GR v Secretary, Department of Communities and Justice [2021] NSWCA 99 Hearing dates: 17 May 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Before: Macfarlan JA; Gleeson JA Decision: Subject to the grant of leave made on 17 May 2021 in respect of Sackar J's order of 17 November 2020 appointing a guardian ad litem for AB, the summons seeking leave to appeal is dismissed. Catchwords: CHILD WELFARE – care proceedings – applicant alleged Children's Court acted without jurisdiction and Supreme Court consequently erred in dismissing judicial review application – leave to appeal refused CHILD WELFARE – care proceedings – guardian ad litem appointed by Supreme Court – whether court required to appoint guardian ad litem if child or young person who is a party is incapable of giving proper instructions or whether court has discretion to do so – interaction between ss 98(2A) and 100 Care Act – reasonable argument and of some general importance – leave to appeal granted on limited basis Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Children's Court Act 1987 (NSW) Children's Court Regulation 2019 (NSW) Supreme Court Act 1970 (NSW) Category: Principal judgment Parties: GR (a pseudonym) (Applicant) Secretary, Department of Communities and Justice (First Respondent) The Minister, Families, Disabilities and Community Services (Second Respondent) BB (a pseudonym) (Third Respondent) AB (a pseudonym) (Fourth Respondent) William Hoyles (Fifth Respondent) Representation: Counsel: M Robinson SC (Applicant) D Kell SC / M Anderson (First and Second Respondents) Self-represented Third Respondent K Wooi (sol) (Fourth Respondent)