GR v Secretary, Department of Communities and Justice; The Minister Families, Disabilities and Community Services [2021] NSWCA 234

GR v Secretary, Department of Communities and Justice; The Minister Families, Disabilities and Community Services [2021] NSWCA 234

The notice of motion was dismissed because there was no basis to stay the Supreme Court or Children's Court orders, no acceptable evidence of materially changed circumstances, no persuasive evidence supporting interim contact or placement orders, no proper basis for invoking parens patriae jurisdiction in the Court of Appeal proceedings, no evidence justifying subpoenas on the asserted basis of suppressed medical evidence, and no basis to restrain medical treatment decisions. Maintaining the status quo was appropriate given the expedited concurrent hearing and the adverse findings about GR's capacity to care for AB.

Jurisdiction
Australia
Judgment Date
28 September 2021
Procedural Posture
Child Welfare Care Proceedings; Application for Leave to Appeal With Interlocutory Notice of Motion / Interlocutory Application Seeking Stays, Contact Arrangements, Subpoenas, Invocation of Parens Patriae Jurisdiction, and Restraint on Medical Treatment Decisions Pending Concurrent Leave Application and Appeal
Outcome
Concurrent applications for leave to appeal and appeal expedited; notice of motion otherwise dismissed; applicant to pay respondent's costs.
Legal Topics
['care Orders' 'parental Responsibility' 'stay Pending Appeal' 'parens Patriae Jurisdiction' 'contact Arrangements' 'subpoenas' 'further Evidence on Appeal' 'medical Treatment Decisions for a Young Person in Care']
['child Welfare' 'care and Protection' 'appellate Procedure'] ['care Orders' 'parental Responsibility' 'stay Pending Appeal' 'parens Patriae Jurisdiction' 'contact Arrangements' 'subpoenas' 'further Evidence on Appeal' 'medical Treatment Decisions for a Young Person in Care']

Case Brief

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Procedural Posture

Child Welfare Care Proceedings; Application for Leave to Appeal With Interlocutory Notice of Motion / Interlocutory Application Seeking Stays, Contact Arrangements, Subpoenas, Invocation of Parens Patriae Jurisdiction, and Restraint on Medical Treatment Decisions Pending Concurrent Leave Application and Appeal

Legal Issues

  1. 1 ["Whether the Supreme Court order dismissing the s 91 appeal and the Children's Court care order allocating all aspects of parental responsibility to the Minister should be stayed." 'Whether interim orders should be made enabling GR to live with AB or have daily contact with AB by Zoom or in person.' 'Whether the Court should invoke the parens patriae jurisdiction in the Court of Appeal proceedings.' "Whether GR should be granted leave to issue subpoenas to hospital institutions for AB's medical records." 'Whether orders should restrain the Secretary, the Minister or their delegates from consenting to medical treatment for AB without leave of the Court.']

Ratio Decidendi

The notice of motion was dismissed because there was no basis to stay the Supreme Court or Children's Court orders, no acceptable evidence of materially changed circumstances, no persuasive evidence supporting interim contact or placement orders, no proper basis for invoking parens patriae jurisdiction in the Court of Appeal proceedings, no evidence justifying subpoenas on the asserted basis of suppressed medical evidence, and no basis to restrain medical treatment decisions. Maintaining the status quo was appropriate given the expedited concurrent hearing and the adverse findings about GR's capacity to care for AB.

Court Disposition

Concurrent applications for leave to appeal and appeal expedited; notice of motion otherwise dismissed; applicant to pay respondent's costs.

Orders

  • ['Concurrent applications for leave to appeal and appeal expedited.' 'Notice of Motion otherwise dismissed.' "Applicant to pay respondent's costs."]