Robinson v State of NSW & Others [2013] NSWSC 1398

Robinson v State of NSW & Others [2013] NSWSC 1398

Each alleged act, omission or inactivity relied on by the plaintiff occurred in court or in work intimately associated with work in court in the Family Court proceedings. The second, third, fourth and fifth defendants were therefore immune from suit, and the Statement of Claim disclosed no maintainable cause of action.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Application for Summary Dismissal and Alternative Strike Out of Proceedings / Hearing of Notices and Motions Seeking Dismissal of the Statement of Claim
Outcome
The Statement of Claim was summarily dismissed.
Legal Topics
['summary Dismissal' 'strike Out' "advocates' Immunity" 'witness Immunity' 'family Court Proceedings' 'suppression Order']
['practice and Procedure' 'civil Procedure' 'immunity From Suit'] ['summary Dismissal' 'strike Out' "advocates' Immunity" 'witness Immunity' 'family Court Proceedings' 'suppression Order']

Case Brief

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Procedural Posture

Application for Summary Dismissal and Alternative Strike Out of Proceedings / Hearing of Notices and Motions Seeking Dismissal of the Statement of Claim

Legal Issues

  1. 1 ['Whether the Statement of Claim should be summarily dismissed under R13.4 Uniform Civil Procedure Rules or struck out under R14.28 Uniform Civil Procedure Rules.' 'Whether the second, third, fourth and fifth defendants were immune from suit for work or activity in court or intimately associated with work in court.' 'Whether alleged failures to disclose information in Family Court proceedings disclosed any maintainable cause of action.' "Whether a suppression order should be made for the names and identifying material of the plaintiff's children."]

Ratio Decidendi

Each alleged act, omission or inactivity relied on by the plaintiff occurred in court or in work intimately associated with work in court in the Family Court proceedings. The second, third, fourth and fifth defendants were therefore immune from suit, and the Statement of Claim disclosed no maintainable cause of action.

Court Disposition

The Statement of Claim was summarily dismissed.

Orders

  • ['The Statement of Claim is summarily dismissed.' 'The plaintiff is to pay the costs of the second, third, fourth and fifth defendants.' 'A suppression order is made prohibiting the publication or other disclosure of the names of the children of the plaintiff or of any evidence or material that would enable them to...