L v Minister for Families, Communities and Disability Services [2024] NSWCA 199

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: L v Minister for Families, Communities and Disability Services [2024] NSWCA 199 Hearing dates: 15 July 2024 Decision date: 09 August 2024 Before: White JA at [1]; Mitchelmore JA at [113]; Basten AJA at [114] Decision: (1) The purported Notice of Appeal filed on 31 January 2024 is dismissed as incompetent. (2) The Amended Summons Seeking Leave to Appeal filed on 16 April 2024, which has been treated as a Summons for Judicial Review, is dismissed. (3) No order as to costs of the proceedings in this Court. Catchwords: ADMINISTRATIVE LAW — Jurisdictional error — Children and Young Persons (Care and Protection) Act 1998 (NSW) — where care orders made by the Children's Court removed parental responsibilities from mother — where care orders confirmed on appeal by the District Court — where no appeal lies to the Court of Appeal — where part of applicant's evidence not considered by judge — no cross-examination or argument addressed to judge on evidence not considered — whether judge displayed apparent bias — whether applicant denied procedural fairness — whether decision was legally unreasonable — nothing in transcript of hearing under review demonstrates reasonable apprehension of bias or procedural fairness — findings of judge were not unreasonable in any sense of the word — summons dismissed. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 9, 10A, 71, 72, 79, 82, 90, 91, 105 District Court Act 1973 (NSW), s 127(1) Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 36.17, 59.6 Cases Cited: Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14 Colquhoun v District Court of New South Wales [2014] NSWCA 460 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR1089; [2003] HCA 26 Druett v Director-General of Community Services [2001] NSWCA 126 Linfox Australia Pty Ltd v Fair Work Commission [2013] FCAFC 157; (2013) 240 IR 178 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Muldoon v Church of England Children's Homes Burwood (2011) 80 NSWLR 282; [2011] NSWCA 46 X v Director-General of the Department of Community Services [2001] NSWCA 413 Category: Principal judgment Parties: Mother (Applicant) Minister for Families, Communities and Disability Services (First Respondent) Father of P (Second Respondent) Representation: Counsel: Applicant unrepresented B J Dean (First Respondent) Second Respondent unrepresented