GR v Secretary, Department of Communities and Justice [2021] NSWCA 267

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GR v Secretary, Department of Communities and Justice [2021] NSWCA 267 Hearing dates: 28 October 2021 Date of orders: 5 November 2021 Decision date: 05 November 2021 Before: Simpson AJA Decision: 1. On the notice of motion filed by the first and second respondents on 5 October 2021: a) the subpoena issued by GR on 27 September 2021 requiring Dr Akram Moussad to produce documents is set aside; b) the subpoena issued by GR on 27 September 2021 requiring Ms Katherine Gordon of Impact Youth Services to produce documents is set aside; c) the subpoena issued by GR on 27 September 2021 requiring the Proper Officer of John Hunter Hospital to produce documents is set aside; d) the subpoena issued by GR on 30 September 2021 requiring the Proper Officer of John Hunter Hospital to produce documents is set aside; e) the subpoena issued by GR on 27 September 2021 requiring the lawyer of the medico-legal department of the Sydney Children's Hospital at Randwick to produce documents is set aside; f) the subpoena issued by GR on 27 September 2021 requiring the lawyer of the medico-legal department of Westmead Children's Hospital to produce documents is set aside. 2. The notice of motion filed by the applicant on 6 October 2021 is dismissed with costs. 3. The notice of motion filed by BB on 19 October is dismissed with costs. Catchwords: CIVIL PROCEDURE - subpoenas - application to set aside - where production of material unduly burdensome and would not facilitate appeal CHILD WELFARE - care proceedings - interlocutory application - whether orders should be made allowing child to live with mother or allowing daily contact - whether tutor should be appointed 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: GR v Secretary, Department of Communities & Justice [2020] NSWSC 607 GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 GR v Secretary, Department of Communities and Justice [2021] NSWCA 234 GR v The Department of Communities and Justice [2021] NSWSC 1081 Category: Procedural rulings Parties: GR (Applicant) Secretary, Department of Communities & Justice (First Respondent) Minister for Families, Communities & Disability Services (Second Respondent) BB (Third Respondent) Representation: Counsel: F Sinclair (Applicant) M Anderson (First &Second Respondents) Self-represented (Third Respondent)