CFT v Children's Guardian

[2016] NSWCATAD 92

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	CFT v Children’s Guardian [2016] NSWCATAD 92
Hearing dates:	28 April 2016
Date of orders:	28 April 2016
Decision date:	28 April 2016
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	M Anderson, Senior Member Prof P Foreman, General Member
Decision:	1. The application for an adjournment of the hearing is granted. 2. The application filed 30 October 2015 is set down for hearing on 9 June 2016.
Catchwords:	ADMINISTRATIVE LAW- adjournment application- section 28 Child Protection (Working with Children) Act 2012 (NSW) enabling application- whether adjournment of Tribunal hearing ought to be ordered to give a party proper opportunity of adequately presenting case- discretionary considerations- adjournment granted.
Legislation Cited:	Child Protection (Working with Children) Act 2012 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW)
Cases Cited:	ANZ v Mio Amico Pty Ltd [2013] NSWSC 716 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Hamod v State of New South Wales [2011] NSWCA 375 Italiano v Carbone & Ors [2005] NSWCA 177
Category:	Procedural and other rulings
Parties:	CFT (Applicant) Children’s Guardian (Respondent)
Representation:	Solicitors: CFT (Applicant in person) Crown Solicitor’s Office (Respondent)
File Number(s):	1510682
Publication restriction:	Section 64(1) Civil and Administrative Tribunal Act 2013- restriction on publication of information that will identify the applicant, any children or victims, nonprofessional witnesses, or evidence given and received in the Tribunal or in relation to the proceedings which is likely to identify those persons without leave of the Tribunal.

REASONS FOR DECISION

1. On the hearing date for this matter the respondent moved on a Motion filed 27 April 2016, which the Tribunal marked as Exhibit A on the application, to adjourn the hearing date of 28 April 2016. This application was supported by an affidavit which was marked Exhibit B, sworn by Mr Boyd, Solicitor. An emailed letter had been sent to the applicant and the Registrar of the Tribunal informing both of the asserted necessity on the part of the respondent to seek an adjournment of the hearing listed on 28 April 2016 for reasons which will be adverted to later in this judgment. This letter was Annexure A to the affidavit of Mr Boyd. An email from the applicant to Mr Boyd on 26 April 2016 was received on the application and marked Exhibit C.

2. The application of the respondent for an adjournment was opposed by the applicant.

3. The currently constituted Tribunal heard the extensive submissions from the applicant and the respondent on 28 April 2016. After a short adjournment for deliberation the Tribunal determined to adjourn the matter as requested by the respondent and opposed by the applicant, on the basis that the matter will be finally heard on 9 June 2016. The Tribunal announced the determination of the application on 28 April 2016 and reserved delivery of reasons in support…