GR v Secretary, Department of Communities & Justice; Minister for Families, Communities & Disability Services [2021] NSWCA 301

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GR v Secretary, Department of Communities & Justice; Minister for Families, Communities & Disability Services [2021] NSWCA 301 Hearing dates: 1 December 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Before: Simpson AJA Decision: 1. On the notice of motion filed by the first and second respondents on 10 November 2021: a. Pursuant to s 14 of the Civil Procedure Act 2005 (NSW) dispense with the requirement of UCPR 7.17(1) that the applicant (GR) take no further step in the substantive proceeding until a tutor has been appointed for the fourth respondent (AB). b. Direct that an Independent Legal Representative be appointed for the fourth respondent to the substantive proceeding (AB). c. Request the Crown Solicitor (i) to liaise with the Legal Aid Commission of NSW in order to effect such an appointment; and (ii) to advise the parties of any proposal in that respect with a view to the appointment of a specific person as Independent Legal Representative. 2. Dismiss the amended notice of motion filed by the third respondent (BB) on 26 November 2021 with costs. 3. Dismiss the notice of motion served by the applicant (GR) on 26 November 2021 with costs. Legislation Cited: Children & Young Persons (Care and Protection) Act 1998 (NSW) Civil Procedure Act 2005 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: GR v Secretary, Department of Communities & Justice [2021] NSWCA 267 GR v Secretary, Department of Communities & Justice; Secretary, Department of Communities & Justice CBW (a pseudonym) [2021] NSWCA 157 GR v Secretary, Department of Communities & Justice; The Minister Families, Disabilities & Community Services [2021] NSWCA 234 GR v The Department of Communities & Justice (2021) NSWSC 1081 Category: Procedural rulings Parties: GR (in person) (Applicant) Secretary, Department of Communities & Justice (1st Respondent) Minister for Families, Communities & Disability Services (2nd Respondent) BB (in person) (3rd Respondent) Representation: Counsel: Self-represented (Applicant) M Anderson (1st & 2nd Respondents) Self-represented (3rd Respondent)