NU v NSW Secretary of Family and Community Services

The applicant, NU, sought judicial review of a decision by the NSW Secretary of Family and Community Services. The core of the dispute involved NU's application for a subpoena to obtain a transcript of ex tempore remarks made by District Court Judge Maiden DCJ on 12 December 2016. The matter came before the Court of Appeal of New South Wales, presided over by Payne JA.

The primary legal issue before the Court was whether leave should be granted to the applicant to issue a subpoena compelling the production of the transcript of the ex tempore remarks. This involved considering the procedural requirements and the justification for accessing such court records in the context of judicial review proceedings.

Payne JA granted leave to the applicant to file and serve a subpoena on the Court Reporting Service for the production of the transcript. The Court directed that the subpoena be returnable before the Registrar on 24 April 2017. Further directions were given regarding the notification of the orders and reasons to the associate of Judge Maiden DCJ, the service of a draft subpoena, and the process for lodging any objections to its form. Absent any objections, the subpoena was to be issued on 11 April 2017, with the matter adjourned to the Registrar on 24 April 2017.