Re Felicity; FM v Secretary, Department of Family and Community Services (No 3) [2014] NSWCA 226

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Re Felicity; FM v Secretary, Department of Family and Community Services (No 3) [2014] NSWCA 226 Hearing dates: 27 June 2014 Decision date: 15 July 2014 Before: Basten JA at [1]; Ward JA at [64]; Emmett JA at [65] Decision: (1) Set aside order 1 made by Olsson SC DCJ on 11 December 2013, dismissing the appeal. (2) Otherwise dismiss the further amended summons filed by the applicant on 31 January 2014. (3) Order the applicant to pay the costs of the Secretary, Family and Community Services and the third defendant (Felicity's Father), the latter to be assessed on the basis of a litigant in person, being costs incurred by those parties in this Court, to be assessed on the ordinary basis. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - appeal from Children's Court to the District Court - no appeal against judgment on statutory appeal to the District Court - whether error of law on the face of the record or jurisdictional error established

ADMINISTRATIVE LAW - procedural fairness - apprehended bias - allegation of failure by judge to consider applicant's submissions - direction by judge that litigant in person would be assisted by opposing counsel