GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 348

Supreme Court New South Wales

Medium Neutral Citation: GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 348 Hearing dates: On the papers Date of orders: 02 April 2020 Decision date: 02 April 2020 Jurisdiction: Equity Before: Robb J Decision: 1. Application by the plaintiff for leave to apply for the relief sought in pars 1 to 3 of the draft notice of motion provided by the plaintiff to the Court on 20 March 2020 in the Duty List is refused.

2. Order that the orders made by Kunc J on 18 March 2020 be varied by adding the following sub-order to order (2):

(d) if the application is based on a claim that there is an urgent medical necessity for a hearing in the Duty List, a report by an appropriately qualified medical professional explaining the nature of the change in the medical circumstances of the child the subject of the application, the nature of the orders that should be made in the interests of the child, and the reasons for the urgency. Catchwords: CIVIL PROCEDURE — Interlocutory applications in the Duty List — Where prior orders of the Court require the applicant to seek leave before filing a notice of motion returnable in the Duty List– Where the applicant has made numerous failed applications for leave and a further application is made based upon the occurrence of the coronavirus pandemic Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: 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: [2019] NSWSC 1073 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWSC 1146 GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277 GR v Secretary, Department of Family and Community Services and Justice (No 3) [2020] NSWSC 259 Category: Consequential orders (other than Costs) Parties: The mother (Plaintiff)