GR v Secretary, Department of Communities and Justice

[2022] NSWCA 90

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Interlocutory applications
4. › Leave to issue subpoenas on appeal
5. › Whether subpoenas for production should be confined to period after first instance hearing
6. › Supreme Court Act 1970 (NSW), s 75A(7), (8), (9)
1. Practice and Procedure
2. › Appeals
3. › Further evidence on appeal
4. › Whether leave to adduce further evidence is a matter for single judge or full court
5. › Supreme Court Act 1970 (NSW), s 75A(7), (8), (9)
1. Practice and Procedure
2. › Appeals
3. › Appeal by way of rehearing
4. › Child welfare cases
5. › Duty to update court on developments since first instance hearing

Quick Take

Subpoenas on appeal in child welfare matters are confined to updating evidence from the period after the first instance hearing, and applications for leave to adduce further evidence under s 75A(7)-(9) must be made to the full court.