GR v Secretary, Department of Communities and Justice (No 2) [2022] NSWSC 1183

Supreme Court New South Wales

Medium Neutral Citation: GR v Secretary, Department of Communities and Justice (No 2) [2022] NSWSC 1183 Hearing dates: 1 September 2022 Decision date: 01 September 2022 Jurisdiction: Equity - Duty List Before: Meek J Decision: Dismiss notice of motion with costs, such costs to be defendants' costs in the proceedings. Catchwords: CIVIL PROCEDURE – Proceedings commenced in Equity Division invoking parens patriae jurisdiction – NSW Civil and Administrative Tribunal (NCAT) makes guardianship orders regarding Plaintiff's child – Plaintiff claims she has exercised a right to appeal against NCAT's decision to the Common Law Division – Plaintiff applies to transfer proceedings to Common Law Division – Proceedings under the Guardianship Act 1987 (NSW) are assigned to the Equity Division – Application refused CIVIL PROCEDURE – Court administration – Assignment of business – Divisions and Lists – Power to transfer from Equity Division to Common Law Division ABUSE OF PROCESS – No party should seek to use the Court's processes to obtain certain relief that is the subject of an order requiring leave under the guise of seeking other relief PRACTICE AND PROCEDURE – Conduct of parties at hearing – Serious allegations made against a legal practitioner without notice and unrelated to procedural relief sought – Court does not tolerate serious allegations being raised in such a collateral way against legal practitioners Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-70 Guardianship Act 1987 (NSW) Supreme Court Act 1970 (NSW), ss 49, 52, 53, 54, 121, Div 2 Pt 3 Uniform Civil Procedure Rules 2005 (NSW), rr 1.16, 1.18, 1.19, 2.1-2.3, 45.1, 45.2, 49.19, Sch 8 Cases Cited: B v B [2017] NSWSC 1674 F v NSW Trustee and Guardian [2017] NSWSC 1319 GR v Secretary, Department of Communities and Justice [2022] NSWCA 153 GR v Secretary, Department of Communities and Justice [2022] NSWSC 1029 GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277 GR v The Department of Communities & Justice [2021] NSWSC 1081 Z v Mental Health Review Tribunal (No 2) [2022] NSWCA 131 Texts Cited: Ritchie's Uniform Civil Procedure NSW 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: Counsel: Self-Represented (Plaintiff) E M Fitzgerald (solicitor) (First and Second Defendants) Self-Represented (Third Defendant) K A Phillips (solicitor) (Fourth Defendant) Solicitors: Crown Solicitor's Office (First and Second Defendants) Legal Aid Commission of NSW (Fourth Defendant) File Number(s): 2022/178932