NU v NSW Secretary of Family and Community Services [2017] NSWCA 77

NU v NSW Secretary of Family and Community Services [2017] NSWCA 77

Because the proceeding involved a young child and a degree of urgency, the judicial review could not progress without reasons or at least a transcript of the ex tempore remarks, no party had access to settled reasons or the transcript, and no party opposed the course, it was appropriate to grant leave to the applicant to file and serve a subpoena on the Court Reporting Service for production of the transcript.

Jurisdiction
Australia
Judgment Date
10 April 2017
Procedural Posture
Application for Judicial Review / Referrals List; Application for Leave to File and Serve a Subpoena for Production of Transcript of Ex Tempore Remarks
Outcome
Leave granted to issue subpoena; matter adjourned and listed before the Registrar.
Legal Topics
['subpoena' 'transcript of Ex Tempore Judgment' 'access to Reasons' 'suppression and Non Publication Orders']
['procedure' 'judicial Review' 'child Protection'] ['subpoena' 'transcript of Ex Tempore Judgment' 'access to Reasons' 'suppression and Non Publication Orders']

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Procedural Posture

Application for Judicial Review / Referrals List; Application for Leave to File and Serve a Subpoena for Production of Transcript of Ex Tempore Remarks

Legal Issues

  1. 1 ["Whether leave should be granted to the applicant to file and serve a subpoena on the Court Reporting Service for production of the transcript of Maiden DCJ's ex tempore remarks delivered on 12 December 2016." "Whether the urgency of Children's Court jurisdiction proceedings and the absence of settled reasons or transcript justified procedural orders to enable the judicial review to progress."]

Ratio Decidendi

Because the proceeding involved a young child and a degree of urgency, the judicial review could not progress without reasons or at least a transcript of the ex tempore remarks, no party had access to settled reasons or the transcript, and no party opposed the course, it was appropriate to grant leave to the applicant to file and serve a subpoena on the Court Reporting Service for production of the transcript.

Court Disposition

Leave granted to issue subpoena; matter adjourned and listed before the Registrar.

Orders

  • ['Grant leave to the applicant to file and serve a subpoena on the Court Reporting Service for the production of the transcript of the ex tempore remarks of Maiden DCJ in the District Court delivered on 12 December 2016.' 'This subpoena will be made returnable on 24 April 2017 before the Registrar of this Court.'...