Attorney General of New South Wales v BW (No 2) [2019] NSWCA 309

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Attorney General of New South Wales v BW (No 2) [2019] NSWCA 309 Hearing dates: 09 December 2019 Date of orders: 09 December 2019 Decision date: 09 December 2019 Before: Brereton JA Decision: Interim extension order made pursuant to Cl 10, Sch 1 of the Mental Health (Forensic Provisions) Act 1990 (NSW) with respect to the respondent on 29 November 2019 continue until and including 6 February 2020 or further order. Catchwords: MENTAL HEALTH – forensic patients – expiry of limiting term – extension of status as forensic patient

PROCEDURE – interim extension order – whether risk of futility in appeal if not extended Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Sch 1, Cl 10 Cases Cited: Attorney General of New South Wales v WB (Preliminary) [2019] NSWSC 1664 Attorney General of New South Wales v WB [2019] NSWCA 301 Category: Procedural and other rulings Parties: Attorney General of New South Wales (applicant) BW (respondent) Representation: Counsel: J Emmett (applicant) T Davis (respondent)

Solicitors: Crown Solicitor's office (applicant) Legal Aid NSW (respondent) File Number(s): 2019/379476; 2019/379498 Publication restriction: Non-publication order re identities of respondent and victims. Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Common Law Citation: [2019] NSWSC 1664 Date of Decision: 28 November 2019 Before: Ierace J File Number(s): 2019/274191