GR v Secretary, Family, Disability and Community Services;; GR v Minister, Family, Disability and Community Services [2020] NSWSC 668

GR v Secretary, Family, Disability and Community Services;; GR v Minister, Family, Disability and Community Services [2020] NSWSC 668

The applicant failed to comply with the existing leave regime for urgent duty judge applications because the required medical report addressing changed circumstances, proposed orders in the child's interests and reasons for urgency was not provided. The material from Professor Einfeld and Dr Fairley did not establish urgency, and Dr Fairley was not sure that anything had urgently changed. The relief sought was not suitable for the Court of Appeal and was filed in the wrong part of the Court. Accordingly, the duty judge list was not properly invoked and the claims and amended notice of motion were dismissed, with the amended notice of motion transferred to the Equity Division for that...

Jurisdiction
Australia
Judgment Date
28 May 2020
Procedural Posture
Civil Procedure; Notice of Motion Concerning Child Welfare and Parens Patriae Relief / Urgent Interlocutory Application in the Duty Judge List and Transfer/dismissal of Amended Notice of Motion
Outcome
Applications dismissed; amended notice of motion transferred to the Equity Division and dismissed.
Legal Topics
['duty Judge List' 'notice of Motion' 'leave Requirement for Urgent Interlocutory Application' 'parens Patriae Jurisdiction' 'medical Treatment of a Child' 'uniform Civil Procedure Rules 2005 (nsw), R 36.16(1)']
['civil Procedure' 'equity' 'child Welfare'] ['duty Judge List' 'notice of Motion' 'leave Requirement for Urgent Interlocutory Application' 'parens Patriae Jurisdiction' 'medical Treatment of a Child' 'uniform Civil Procedure Rules 2005 (nsw), R 36.16(1)']

Case Brief

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Procedural Posture

Civil Procedure; Notice of Motion Concerning Child Welfare and Parens Patriae Relief / Urgent Interlocutory Application in the Duty Judge List and Transfer/dismissal of Amended Notice of Motion

Legal Issues

  1. 1 ['Whether the applicant had complied with prior orders requiring leave and specified material before making any urgent interlocutory application to the duty judge in relation to the child.' 'Whether it was impossible for the applicant to comply with the requirement for a medical report supporting urgency.' 'Whether the amended notice of motion, purportedly filed in the Court of Appeal, sought relief appropriate to the Court of Appeal or should be dealt with in the Equity Division.' 'Whether the matters raised had sufficient urgency to warrant determination in the duty judge list.']

Ratio Decidendi

The applicant failed to comply with the existing leave regime for urgent duty judge applications because the required medical report addressing changed circumstances, proposed orders in the child's interests and reasons for urgency was not provided. The material from Professor Einfeld and Dr Fairley did not establish urgency, and Dr Fairley was not sure that anything had urgently changed. The relief sought was not suitable for the Court of Appeal and was filed in the wrong part of the Court. Accordingly, the duty judge list was not properly invoked and the claims and amended notice of motion were dismissed, with the amended notice of motion transferred to the Equity Division for that...

Court Disposition

Applications dismissed; amended notice of motion transferred to the Equity Division and dismissed.

Orders

  • ['Order that the claims for relief that were made in the Equity Division before me today, that mirrored the claims for relief in the notice of motion, purportedly filed in the Court of Appeal, be dismissed.' 'Order that the amended notice of motion dated 27 May 2020 be transferred to the Equity Division and be...