GR v Secretary, Department of Family and Community Services and Justice [2019] NSWCA 177

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GR v Secretary, Department of Family and Community Services and Justice [2019] NSWCA 177 Hearing dates: 10 July 2019 Date of orders: 18 July 2019 Decision date: 18 July 2019 Before: Basten JA; Leeming JA; White JA Decision: (1) Grant the mother leave to appeal from order (1) made in the Equity Division on 24 June 2019 dismissing the amended summons filed on 17 May 2019. (2) Treat the draft notice of appeal dated 1 July 2019 as filed in this proceeding. (3) Allow the appeal and set aside order (1) made on 24 June 2019. (4) Order that the first and second respondents pay the applicant's costs in this Court. Catchwords: FAMILY LAW – children – parental responsibility – parens patriae jurisdiction – child with condition requiring medical intervention – interim care order conferring parental responsibility on Minister – whether summons seeking to set aside interim care order should have been summarily dismissed

PROCEDURE – appeal against summary dismissal of summons – plaintiff required to show cause why proceedings should not be dismissed – obligations of the Court to self-represented plaintiff – whether plaintiff had arguable case – appropriate orders on appeal Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 3, 44, 73, 76, 77, 79, 175, 233, 247 Constitution Act 1902 (NSW), s 50E Supreme Court Act 1970 (NSW), s 75A Cases Cited: G v Family and Community Services [2019] NSWSC 229 Hamod v New South Wales [2011] NSWCA 375 In Re Harris (1936) 37 SR(NSW) 17 Re M (No 4) – BM v Director-General, Department of Family and Community Services [2013] NSWCA 97 Re Victoria [2002] NSWSC 647; 29 Fam LR 157 Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218 Category: Principal judgment Parties: GR (Applicant) Secretary, Department of Family and Community Services and Justice (First Respondent) Minister for Family and Community Services (Second Respondent) BB (Third Respondent) AB (Fourth Respondent) Representation: Counsel: Ms C McConaghy (Applicant) Mr D Birch (First and Second Respondents) Self-represented (Third Respondent) Ms E Stolier (Fourth Respondent)