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

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

Leave to appeal was refused because no seriously arguable error was established in the judgments under appeal and, having regard to the imminent and comprehensive hearing in the specialist Children's Court, it would be inappropriate and irresponsible for the Court of Appeal to intervene at this stage, particularly on limited evidence without full cross-examination, in complex and urgent care and welfare proceedings.

Parties
Applicant: Mother; First Respondent: Secretary, Department of Families, Disabilities and Community Services; Second Respondent: Minister, Department of Families, Disabilities and Community Services; Third Respondent: Father; Fourth Respondent: Child
Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Application for Leave to Appeal / Court of Appeal
Outcome
Leave to appeal refused, with no order as to costs.
Legal Topics
Children, Parental Responsibility, Parens Patriae Jurisdiction, Interim Parental Responsibility Orders, Leave to Appeal, Specialist Jurisdiction, Care Proceedings
Family Law Civil Procedure Children Parental Responsibility Parens Patriae Jurisdiction Interim Parental Responsibility Orders Leave to Appeal Specialist Jurisdiction +1 more

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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

Procedural Posture

Application for Leave to Appeal / Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against orders dismissing the mother's applications for return of the child to parental care and for dismissal of Children's Court proceedings
  2. 2 Whether any significant change of circumstances justified relief differing from previous court orders
  3. 3 Whether Children's Court proceedings should proceed or be pre-empted by appellate intervention

Ratio Decidendi

Leave to appeal was refused because no seriously arguable error was established in the judgments under appeal and, having regard to the imminent and comprehensive hearing in the specialist Children's Court, it would be inappropriate and irresponsible for the Court of Appeal to intervene at this stage, particularly on limited evidence without full cross-examination, in complex and urgent care and welfare proceedings.

Court Disposition

Leave to appeal refused, with no order as to costs.

Orders

  • Leave to appeal refused.
  • No order as to costs.