Attorney General v Huckstadt by his tutor Rodrigues [2019] NSWSC 34

Supreme Court New South Wales

Medium Neutral Citation: Attorney General v Huckstadt by his tutor Rodrigues [2019] NSWSC 34 Hearing dates: 10 January 2019 Date of orders: 10 January 2019 Decision date: 10 January 2019 Before: Wilson J as Vacation Duty Judge Decision: 1(a ). I make an order pursuant to cl 6(5) of schedule 1 of the Mental Health (Forensic Provisions) Act 1990 appointing two qualified psychiatrists or appropriately qualified psychologists or appropriately qualified and registered medical practitioners or any 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 Registrar. (b). I direct the defendant to attend those examinations. 2. Pursuant to cl 10 of schedule 1 of the Mental Health (Forensic Procedures) Act 1990 it is ordered that the defendant be subject to an Interim Extension Order for a period of two months commencing on 17 January 2019 and concluding on 16 March 2019. 3. I grant the parties liberty to approach the Common Law Division Civil List Registrar within five days to fix a timetable for the provision of expert reports to the Court, for the service of evidence and submissions, and to list the matter for hearing. 4. Access to the Court's file and the documentary material contained therein is restricted to the parties. Should any person other than the parties seek access to the Court's file, that is to be done by application to the Duty Judge of the Common Law Division after notification to each of the parties that such an application is to be made, allowing an opportunity for all concerned to be heard on that application. Catchwords: CIVIL – FORENSIC PATIENTS – Mental Health (Forensic Provisions) Act 1990 – application for extension order – interim proceedings – question of whether qualified professors should be appointed to examine defendant – whether statutory test can be met Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Cases Cited: Attorney General for the State of New South Wales v Huckstadt (No 3) [2017] NSWSC 944 Attorney General for the State of New South Wales v Huckstadt [2017] NSWSC 441 State of New South Wales v Tillman [2007] NSWCA 119 Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Allan James Huckstadt by his Tutor Linda Rodrigues (Defendant) Representation: Counsel: Ms C Melis for the Plaintiff Ms E Tringali for the Defendant