M v Secretary, Department of Communities and Justice [2024] NSWCA 283

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: M v Secretary, Department of Communities and Justice [2024] NSWCA 283 Hearing dates: 12 September 2024 Date of orders: 02 December 2024 Decision date: 02 December 2024 Before: Mitchelmore JA at [1]; McHugh JA at [70]; Basten AJA at [71] Decision: (1) Time be extended for the filing of the summons to 18 July 2024. (2) The summons is dismissed. Catchwords: ADMINISTRATIVE LAW — bias rule — actual or apprehended — apprehended bias — where bias alleged by reference to reasons for judgment — sole reliance on reasons inverts proper inquiry — transcript did not disclose bias ADMINISTRATIVE LAW — procedural unfairness — where applicant alleged denial of adjournment to obtain evidence — where primary judge informed applicant of relevant procedure — no application for adjournment made by applicant — procedural fairness did not require primary judge to independently adjourn hearing Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 43, 79, 90, 90A, 91, 105 Uniform Civil Procedure Rules 2005 (NSW), rr 50.1, 50.3 Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Hastwell v Health Care Complaints Commission [2021] NSWCA 22 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Re M; Application of YA [2014] NSWSC 1736 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Principal judgment Parties: "M" (Unrepresented) (Applicant) Secretary, Department of Communities and Justice (First Respondent) "Angelique" (Second Respondent) District Court of New South Wales (Third Respondent) Representation: Counsel: B J Dean (First Respondent)