GR v Secretary, Department of Communities and Justice

The applicant, GR, sought various interlocutory orders from the Court of Appeal of New South Wales in relation to care orders made by the Children's Court. The respondents were the Secretary of the Department of Communities and Justice. The applications before the Court of Appeal concerned leave to appeal, an expedited hearing, a stay of the care orders, and the setting aside of an order appointing a guardian ad litem.

The primary legal issues before the Court of Appeal were whether to grant leave to appeal, whether to expedite the hearing of the leave application and the substantive appeal concurrently, whether to grant a stay of the Children's Court's care orders pending the determination of the appeal, and whether to set aside the appointment of a guardian ad litem. The catchwords indicate that none of these matters raised an issue of principle.

Meagher JA, in considering the applications, determined that while the application for an expedited hearing of the summons for leave to appeal should be granted, the other applications were to be dismissed. Specifically, the applications for a concurrent hearing of the leave application and appeal, for a stay of the care orders, and to set aside the order appointing a guardian ad litem were dismissed. The applicant was ordered to pay the costs of the first and second respondents in relation to the motion, and the application for leave was listed for directions before the Registrar.