GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277 Hearing dates: 7 November 2019 Date of orders: 07 November 2019 Decision date: 07 November 2019 Before: Brereton JA at [1] Emmett AJA at [27] Decision: Leave to appeal refused, with no order as to costs. Catchwords: FAMILY LAW – children – parental responsibility – parens patriae jurisdiction – child with condition requiring medical intervention – interim parental responsibility order to the Minister – application to return child to parent's care

CIVIL PROCEDURE – Court of Appeal – application for leave to appeal – where imminent proceedings in specialist Court – where no seriously arguable error – leave refused Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) s 44, s 69, s 90 Cases Cited: AB, Re [2019] NSWSC 316 AB, Re (No 2) [2019] NSWSC 566 Director‑General, Department of Community Services; Re Thomas (2009) 41 Fam LR 220; [2009] NSWSC 217 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWCA 177 GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1073 GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1146 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218; (1992) 15 Fam LR 392 Category: Principal judgment Parties: Mother (applicant) Secretary, Department of Families, Disabilities and Community Services (first respondent) Minister, Department of Families, Disabilities and Community Services (second respondent) Father (third respondent) Child (fourth respondent) Representation: Counsel: F M Douglas QC with G R Rubagotti (applicant) C McGorey (first and second respondents) BB (third respondent, self-represented) K Wooi (solicitor, independent legal representative for fourth respondent)