GR v Secretary, Department of Family and Community Services and Justice & Ors (No 3) [2020] NSWSC 259

GR v Secretary, Department of Family and Community Services and Justice & Ors (No 3) [2020] NSWSC 259

Given the mother's pattern of frequent, informal, and unmeritorious urgent applications and the father’s support of such conduct, imposing a requirement for both parents to seek leave of the Duty Judge before bringing urgent interlocutory applications is necessary to prevent abuse of process and avoid disruption to court procedure.

Jurisdiction
Australia
Judgment Date
18 March 2020
Procedural Posture
Equity Protective List / Procedural Ruling on Interlocutory Applications
Outcome
Order made requiring leave to bring urgent interlocutory applications before the Duty Judge
Legal Topics
['abuse of Process' 'vexatious Litigation' 'parens Patriae' 'interlocutory Applications' 'court Process Control']
['civil Procedure' 'equity' 'child Protection'] ['abuse of Process' 'vexatious Litigation' 'parens Patriae' 'interlocutory Applications' 'court Process Control']

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Procedural Posture

Equity Protective List / Procedural Ruling on Interlocutory Applications

Legal Issues

  1. 1 ['Whether the mother and father should require leave to bring urgent interlocutory applications before the Duty Judge' 'Whether a limitation should be imposed on informal or frequent applications in the Duty List']

Ratio Decidendi

Given the mother's pattern of frequent, informal, and unmeritorious urgent applications and the father’s support of such conduct, imposing a requirement for both parents to seek leave of the Duty Judge before bringing urgent interlocutory applications is necessary to prevent abuse of process and avoid disruption to court procedure.

Court Disposition

Order made requiring leave to bring urgent interlocutory applications before the Duty Judge

Orders

  • ['Until further order, neither the father nor the mother may make any urgent, interlocutory application to the Duty Judge in relation to the child without the prior leave of the Duty Judge for the time being.' 'Any application for such leave is to be made by email to the Associate to the Duty Judge for the time...