GR v Secretary, Department of Communities and Justice

The applicant, GR, sought orders against the Secretary of the Department of Communities and Justice and other respondents in the Supreme Court of New South Wales. The dispute concerned the appointment of an Independent Legal Representative for the fourth respondent, AB, in substantive proceedings.

The court was required to determine whether to dispense with the usual requirement that the applicant take no further steps in the substantive proceeding until a tutor is appointed for the fourth respondent. It also had to consider whether to direct the appointment of an Independent Legal Representative for the fourth respondent and how such an appointment should be effected.

Simpson AJA, applying section 14 of the Civil Procedure Act 2005 (NSW), dispensed with the requirement for the applicant to take no further steps until a tutor was appointed for the fourth respondent. The court directed that an Independent Legal Representative be appointed for the fourth respondent and requested the Crown Solicitor to liaise with Legal Aid NSW to facilitate this appointment, subsequently advising the parties of any proposed appointee. The court also dismissed the amended notice of motion filed by the third respondent and the notice of motion served by the applicant, ordering that the applicant pay the costs of these dismissed motions.