GR v Secretary, Department of Communities and Justice [2022] NSWSC 1029

Supreme Court New South Wales

Medium Neutral Citation: GR v Secretary, Department of Communities and Justice [2022] NSWSC 1029 Hearing dates: On the papers Date of orders: 29 July 2022 Decision date: 03 August 2022 Jurisdiction: Equity - Duty List Before: Meek J Decision: Decline to list matter for hearing. Catchwords: CIVIL PROCEDURE — hearings — duty list — frequent interlocutory applications invoking parens patriae jurisdiction — listing considerations – application for listing declined in context of applicant failing to adequately engage with existing regime for specified materials to be provided to enable consideration of leave for listing UNREPRESENTED LITIGANTS — obligations to Court to assist with identifying relief and furthering the overriding purpose of facilitating the just, quick and cheap resolution of the real issues in the proceedings CIVIL PROCEDURE — Registrars — lack of clarity regarding whether applicant seeking review of Registrar's decision — failure to identify orders REMOVAL TO COURT OF APPEAL — lack of background to enable proper consideration of request before the Court of Appeal JUDGMENTS AND ORDERS — Statement of reasons for judgment — Duty to give reasons — Extent of duty — Manner of delivery Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9, 44, 79 Supreme Court Act 1970 (NSW), ss 51, 121 Uniform Civil Procedure Rules 2005 (NSW), rr 1.21, 49.19 Vexatious Proceedings Act 2008 (NSW) Cases Cited: Apps v Pilet (1987) 11 NSWLR 350 Bauskis v Liew [2013] NSWCA 297 Challenge Bank Ltd v Raine & Horne Commercial Pty Ltd (1989) 17 NSWLR 297 Commonwealth Trading Bank v Inglis (1974) 131 CLR 311; [1974] HCA 17 Gibson v Director of Public Prosecutions (NSW) (No 2) (2021) 105 NSWLR 434; [2021] NSWCA 218 GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 GR v Secretary, Department of Communities and Justice [2020] NSWSC 892 GR v Secretary, Department of Communities and Justice [2022] NSWCA 90 GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277 GR v Secretary, Department of Family and Community Services and Justice (No 3) [2020] NSWSC 259 GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 348 Hamod v New South Wales [2011] NSWCA 375 Jones v Skyring [1992] HCA 39; (1992) 109 ALR 303 Lombardi v Rider [2021] FedCFamC2F 57; (2021) 64 Fam LR 103 Martin v Attorney-General (NSW) [2014] NSWCA 189 Minister for Immigration and Multicultural and Indigenous Affairs v WAKX (2005) 222 FCR 446; [2005] FCA 227 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Z v Mental Health Review Tribunal (No 2) [2022] NSWCA 131 Category: Procedural rulings Parties: GR (Plaintiff) Secretary, Department of Communities and Justice (First Defendant) Minister for Families, Communities and Disability Services (Second Defendant) BB (Third Defendant) AB (Fourth Defendant) Representation: Solicitors: Self-Represented (Plaintiff) Crown Solicitor's Office (First and Second Defendants) Legal Aid Commission of NSW (Fourth Defendant) File Number(s): 2022/178932