Recent Cases

GR v Secretary, Department of Communities and Justice [2023] NSWCA 239 (06 October 2023) (Adamson JA at [1]; Basten AJA at [131]; Griffiths AJA at [205])


APPEALS — ADMINISTRATIVE LAW — judicial review — denial of procedural fairness — appeal against interlocutory decision of Appeal Panel of Civil and Administrative Tribunal against decision of Tribunal refusing application to be joined to guardianship proceedings concerning applicant’s child — failure to adjourn directions hearing at which joinder application was determined because applicant was unavailable — denial of procedural fairness because applicant was therefore not a party to the guardianship application and was not served with material before the Tribunal, had no opportunity to adduce evidence and no right of appeal against substantive guardianship or financial management orders

APPEALS — PRACTICE AND PROCEDURE — application for leave to appeal against summary dismissal of Supreme Court proceedings — whether applicant already had statutory right of appeal — overlap in relief claimed — whether there was a triable issue