CM v Minister for Families, Communities and Disability Services [2020] NSWCA 347

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CM v Minister for Families, Communities and Disability Services [2020] NSWCA 347 Hearing dates: 14 December 2020 Date of orders: 21 December 2020 Decision date: 21 December 2020 Before: Macfarlan JA; McCallum JA Decision: (1) Dismiss the application for leave to appeal. (2) Dismiss the amended notice of motion dated 12 November 2020. (3) Order the applicant to pay the respondents' costs. Catchwords: APPEALS — Leave to appeal — parens patriae jurisdiction — where Secretary of the Department of Communities and Justice had assumed care responsibility for applicant's child — care proceedings part-heard in the Children's Court —finding by primary judge that the applicant had not established exceptional circumstances to justify interfering with orders made by Children's Court — whether applicant established any issue of principle, question of general public importance or injustice such as to warrant a grant of leave to appeal Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 44, 45, 69, 71, 105 Supreme Court Act 1970 (NSW), s 101(2)(r) Cases Cited: CM v Secretary, New South Wales Department of Communities and Justice [2020] NSWSC 1740 Re M (No 4) – BM v Director-General, Department of Family and Community Services (named Department of Community Services in Summons) [2013] NSWCA 97 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Category: Principal judgment Parties: CM (a pseudonym) (Applicant) Minister for Families, Communities and Disability Services (First Respondent) Secretary, Department of Communities and Justice (Second Respondent) The Child's Lawyer (Third Respondent / Independent Legal Representative) Representation: Counsel: CM (self-represented) M Anderson (First and Second Respondent) E Stolier (Third Respondent)