CM v Secretary, Department of Communities and Justice [2021] NSWCA 244

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CM v Secretary, Department of Communities and Justice [2021] NSWCA 244 Hearing dates: 28 September 2021 Date of orders: 12 October 2021 Decision date: 12 October 2021 Before: Macfarlan JA; Brereton JA; McCallum JA Decision: Summons dismissed with costs in favour of the first respondent. Catchwords: COURTS AND JUDGES – application for recusal rejected by District Court judge – summons seeking judicial review of decision dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 91 Cases Cited: CM v Minister for Families, Communities and Disability Services [2020] NSWCA 347 Category: Principal judgment Parties: CM (a pseudonym) (Applicant) Secretary, Department of Communities and Justice (First Respondent) District Court of New South Wales (Second Respondent) The Child (Third Respondent) Representation: Counsel: Self-represented (Applicant) M Anderson (First Respondent) Submitting appearance (Second Respondent) Submitting appearance (Third Respondent)

Solicitors: Crown Solicitor's Office (First Respondent) Legal Aid NSW (Third Respondent) File Number(s): 2021/238567 Publication restriction: Statutory prohibition on publication or broadcast arising under s 105 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) Decision under review Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 18 August 2021 Before: Olsson SC DCJ File Number(s): 2021/187593