NU v NSW Secretary of Family and Community Services [2017] NSWCA 77

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: NU v NSW Secretary of Family and Community Services [2017] NSWCA 77 Hearing dates: 10 April 2017 Decision date: 10 April 2017 Before: Payne JA Decision: (1) Grant leave to the applicant to file and serve a subpoena on the Court Reporting Service for the production of the transcript of the ex tempore remarks of Maiden DCJ in the District Court delivered on 12 December 2016.

(2) This subpoena will be made returnable on 24 April 2017 before the Registrar of this Court.

(3) Direct the Registrar of this Court to make these orders and these reasons available to the associate of Maiden DCJ.

(4) A draft of the subpoena is to be emailed to the Associate to Payne JA and served on parties by 4pm today, 10 April 2017.

(5) Any objections by any party to the form of the subpoena to be notified by email to the Associate to Payne JA by 9am tomorrow, 11 April 2017.

(6) Absent any such objection, grant leave for the subpoena to be issued on 11 April 2017.

(7) Matter adjourned to the 24th April 2017 and listed before the Registrar.

(8) Liberty to apply to Payne JA chambers on 24 hours' notice. Catchwords: PROCEDURE – application for judicial review – applicant seeks issue of subpoena for access to transcript of ex tempore remarks – leave granted to issue subpoena Cases Cited: Bar-Mordecai v Rotman [2000] NSWCA 123 Wentworth v Rares [1990] NSWCA 185 Category: Procedural and other rulings Parties: NU (applicant) NSW Secretary of Family and Community Services (first respondent) Independent Legal Representative for the child (second respondent) KU (third respondent) District Court of New South Wales (fourth respondent) Representation: Counsel: Ms L Clarke (applicant) Ms E McGee (first and fourth respondents) Ms Z Ung (second respondent)