Attorney General of NSW v Collings (Preliminary) [2024] NSWSC 135

Supreme Court New South Wales

Medium Neutral Citation: Attorney General of NSW v Collings (Preliminary) [2024] NSWSC 135 Hearing dates: 16 February 2024 Date of orders: 16 February 2024 Decision date: 16 February 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) An order pursuant to s 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("the Act"): (a) Appointing two qualified psychiatrists, registered psychologists or medical practitioners (or a combination of such persons) to conduct separate examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) Directing the defendant to attend those examinations. (2) An order pursuant to ss 130 and 131 of the Act, that the defendant be subject to an interim order for the extension of his status as a forensic patient commencing upon the expiry of his current limiting term on 29 February 2024, for a period of 3 months thereafter. (3) An order that access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application of access. Catchwords: CIVIL LAW – forensic patient – expiration of limiting term – extension of status as forensic patient – claw hammer – opinions of mental health experts – interim relief granted Legislation Cited: Crimes Act 1900 (NSW), s 33(1)(a) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 121, 122, 124, 125, 126, 126(5), 127, 128, 130 Category: Principal judgment Parties: Attorney General of NSW (Plaintiff) Maurice Collings by his tutor Tri Tran (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) B Fogarty (Defendant)