GR v Secretary, Department of Communities and Justice

The applicant, GR, sought leave to appeal against a decision of the Supreme Court of New South Wales, which had dismissed an application for judicial review. The underlying dispute concerned care proceedings in the Children's Court. GR alleged that the Children's Court had acted without jurisdiction, and consequently, the Supreme Court had erred in dismissing the judicial review application.

The central legal issue before the Court of Appeal was whether the Supreme Court was required to appoint a guardian ad litem for a child or young person who was a party to care proceedings and incapable of giving proper instructions, or whether the court possessed a discretion in this regard. This issue involved the interaction between sections 98(2A) and 100 of the *Children and Young Persons (Care and Protection) Act 1998* (NSW). The Court considered whether there was a reasonable argument and whether the issue was of some general importance, which would justify granting leave to appeal.

The Court of Appeal granted leave to appeal on a limited basis concerning the appointment of a guardian ad litem for a child identified as AB. However, subject to this limited grant of leave, the summons seeking leave to appeal was dismissed. The order of Sackar J of 17 November 2020, which had appointed a guardian ad litem for AB, was therefore the subject of the limited appeal.