GR v Secretary, Department of Communities and Justice

[2021] NSWCA 99

NSW Court of Appeal

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Interrogate

Catchwords

1. Child Welfare
2. › Care proceedings
3. › Guardian ad litem
4. › Appointment by court
5. › Whether court required to appoint guardian ad litem if party incapable of giving proper instructions or whether court has discretion
6. › Interaction between ss 98(2A) and 100
7. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 98(2A), 100
1. Child Welfare
2. › Care proceedings
3. › Jurisdiction of Children's Court
4. › Final care orders
5. › Whether Children's Court acted without jurisdiction
6. › Whether subsequent rescission and variation orders affected by alleged jurisdictional defect
7. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 71(1)(b), 77, 90
1. Appeal
2. › Leave to appeal
3. › Criteria for grant of leave
4. › Whether reasonable argument established
5. › Whether point of general importance

Quick Take

An appeal is pending on whether s 98(2A) of the Care Act mandates or permits appointment of a guardian ad litem where a party is incapable of giving proper instructions in children's care proceedings.