GR v Secretary, Department of Communities and Justice [2022] NSWCA 153

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GR v Secretary, Department of Communities and Justice [2022] NSWCA 153 Hearing dates: 14, 15 June 2022 Date of orders: 18 August 2022 Decision date: 18 August 2022 Before: Gleeson JA at [1]; Brereton JA at [2]; Mitchelmore JA at [150]. Decision: (1) Dismiss the applicant's motion filed on 9 February 2022, with costs; (2) Dismiss the summons for leave to appeal, with costs. Catchwords: CHILD WELFARE – Care proceedings – Care order – Order allocating parental responsibility – Second appeal – Appeal from Equity Division decision upholding Final Care Order of Children's Court – Best interests of the child – Where child has undertaken substantial course of medical treatment by consent of Community Services with limited contact with parents – Where child approaching adult age and permanency planning underway – Whether child should be restored to mother's care – Holding that there are insufficient prospects that alternative order would be made on appeal to justify granting of leave to appeal – Summons seeking leave to appeal dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 44, 71, 72, 79, 90, 173 and 233 Supreme Court Act 1970, ss 75A(7), (8), (9) Cases Cited: Director-General, Department of Community Services; Re Thomas [2009] NSWSC 217 Director-General, Family and Community services, re Felicity [2012] NSWCA 272 DoCS v Y [1999] NSWSC 644 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Ghosh v Medical Council of NSW [2018] NSWCATOD 186 GKD v Director-General, Attorney General's Department [2012] NSWCA 219 GR v Secretary, Department of Communities & Justice [2021] NSWCA 234 GR v Secretary, Department of Communities & Justice [2021] NSWCA 301 GR v Secretary, Department of Communities and Justice [2021] NSWCA 267 GR v Secretary, Department of Communities and Justice [2021] NSWCA 99 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 [2019] NSWCA 177 GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1073 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWSC 1146 GR v Secretary, Department of family and Community Services and Justice (No 2) [2019] NSWSC 1725 GR v The Department of Communities & Justice [2020] NSWSC 1901 GR v The Department of Communities & Justice [2021] NSWSC 1081 Re AB [2019] NSWSC 316 Re AB (No 2) [2019] NSWSC 566 Re C [1997] 2 FLR 180 Re DG and the Adoption Act [2007] NSWCA 241; 244 ALR 195 Re W [1992] 3 WLR 758; [1992] 4 All ER 627 Secretary, Department Of Health And Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218; [1992] HCA 15 Category: Procedural rulings Parties: GR (applicant) Secretary, Department of Communities and Justice (first respondent) Minister for Families Communities and Disability Services (second respondent) BB (third respondent) Arwyn (fourth respondent) Representation: Counsel: