GR v Secretary, Department of Communities and Justice; The Minister Families, Disabilities and Community Services [2021] NSWCA 234

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GR v Secretary, Department of Communities and Justice; The Minister Families, Disabilities and Community Services [2021] NSWCA 234 Hearing dates: 20 September 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Before: Simpson AJA Decision: 1. Concurrent applications for leave to appeal and appeal expedited. 2. Notice of Motion otherwise dismissed. 3. Applicant to pay respondent's costs. Catchwords: CHILD WELFARE – care proceedings – interlocutory application – whether care order should be stayed – whether orders should be made allowing child to live with mother or allowing daily contact – whether parens patriae jurisdiction should be invoked. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Children's Court Act 1987 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) [1985] 2 NSWLR 685; D v C [2018] NSWCA 190 GR v Secretary, Department of Communities and Justice [2019] NSWCA 177 GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 GR v Secretary, Department of Families, Disabilities and Community Services (No 2) [2020] NSWCA 198 GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 259 GR v Secretary, Department of Family and Community Services and Justice (No 3) [2020] NSWSC 348 GR v Secretary, Family, Disability and Community Service [2020] NSWSC 668 GR v The Department of Communities and Justice [2021] NSWSC 1081 Category: Procedural rulings Parties: GR (a pseudonym) (Applicant) Secretary, Department of Communities & Justice (First Respondent) The Minister Families, Communities & Disability Services (Second Respondent) AB (a pseudonym) (Fourth Respondent) Representation: Counsel: N/A M Anderson (First & Second Respondent)