GR v Secretary, Department of Communities and Justice

The case involved an appeal by GR against decisions of the Guardianship Division of the New South Wales Civil and Administrative Tribunal (NCAT) and the Appeal Panel of NCAT, as well as an appeal against the summary dismissal of Supreme Court proceedings. The central dispute concerned GR's application to be joined as a party to guardianship proceedings concerning her child. GR contended that the Tribunal denied her procedural fairness by refusing to adjourn a directions hearing at which her joinder application was determined, as she was unavailable. This unavailability, she argued, prevented her from becoming a party, receiving relevant material, adducing evidence, and appealing substantive orders.

The Supreme Court of New South Wales was required to determine whether the Appeal Panel of NCAT erred in upholding the Guardianship Division's decisions. Specifically, the court had to consider whether the refusal to adjourn the hearing and the subsequent determination of GR's joinder application in her absence constituted a denial of procedural fairness and was legally unreasonable. Additionally, the court considered GR's application for leave to appeal against the summary dismissal of separate Supreme Court proceedings, examining whether a statutory right of appeal already existed and if there were triable issues.

The Court of Appeal found that the Appeal Panel had erred in its decision. It reasoned that the refusal to adjourn the hearing, given GR's unavailability, resulted in a denial of procedural fairness. This denial meant GR was unable to participate in the guardianship proceedings as a party, thereby impacting her rights to access information and present her case. Consequently, the Court allowed GR's appeal against the Appeal Panel's orders and declared that the Appeal Panel had indeed erred. The Court also granted leave to appeal against the summary dismissal of the Supreme Court proceedings, setting aside those orders and remitting the matters for case management.