HP v The Secretary, Department of Communities & Justice [2024] NSWDC 474

District Court New South Wales

Medium Neutral Citation: HP v The Secretary, Department of Communities & Justice [2024] NSWDC 474 Hearing dates: 12-13 August 2024, 30 September 2024, 10 October 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [88] Catchwords: CHILD WELFARE – appeals from decision of Children's Court – appointment of guardian ad litem for Mother during the hearing – subsequent adjournment of proceeding – Guardian subsequently applies for discontinuance of appeal proceeding – whether proceeding could be discontinued – whether discontinuance requires leave – if discontinuance requires the Court's leave – whether leave should be granted Legislation Cited: Children & Young Persons (Care and Protection) Act 1998 (NSW), ss, 7-9A, 83(7), 90, 94(1),(4), 98(2)-(2A), 100, 101 Civil Procedure Act 2005 (NSW), ss 56-60 Uniform Civil Procedure Rules 2005 (NSW), rr 7.18, 12.1 Cases Cited: Brown v Weatherhead (1844) 4 Hare [122] CM v Secretary, Dept of Communities and Justice [2022] NSWCA 120 Jones v Wrotham Park Settled Estates [1980] AC 74 R v Young (1999) 46 NSWLR 681 Taylor v Owners of SP No. 11564 [2013] NSWCA 55 Texts Cited: Nil Category: Principal judgment Parties: HP (Plaintiff) Mr T Tran (Guardian Ad Litem) Department of Communities and Justice (First Defendant) NP (Second Defendant) DP (Third Defendant) EP (Fourth Defendant) KP (Fifth Defendant) LP (Sixth Defendant) Representation: Counsel: HP (Self-represented) Ms S Popovski (Solicitor Advocate for the Guardian Ad Litem) Ms H Fordham (Solicitor Advocate for the First Defendant) Mr S Nasti (Solicitor Advocate, Direct Legal Representative for the Second Defendant) Mr P Ryan (Solicitor Advocate, Direct Legal Representative for the Third Defendant) Ms S Harrod (Solicitor Advocate, Independent Legal Representative for the Fourth and Fifth Defendants) Mr J McCaffrey (Solicitor Advocate, Direct Legal Representative for the Sixth Defendant)