Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Hearing dates: 2 May 2014; last submissions received 23 May 2014 Decision date: 13 April 2015 Before: McColl JA at [1]; Basten JA at [223]; Meagher JA at [270] Decision: In Matter No. 2012/367923: Appeal dismissed.

In Matter No. 2014/73341: Summons dismissed. Catchwords: ADMINISTRATIVE LAW – child welfare – care and protection of children – care and protection orders – judicial review – appeal from Children's Court to District Court – application to Court of Appeal for relief pursuant to s 69, Supreme Court Act 1970 (NSW) – whether error of law on the face of the record or jurisdictional error established – whether District Court correctly construed and applied provisions of the Children and Young Persons (Care and Protection) Act 1998 – s 106A

ADMINISTRATIVE LAW – child welfare – care and protection of children – care and protection orders – procedural fairness – apprehended bias – allegation judge biased in assessing applicant's case – allegation of excessive intervention by judge in examination of witnesses by litigant in person

ADMINISTRATIVE LAW – child welfare – care and protection of children – care and protection orders – whether judge placed excessive or too little weight on applicant's evidence

ADMINISTRATIVE LAW – child welfare – care and protection of children – care and protection orders – international treaty obligations – relevance to exercise of discretion – United Nations Convention on the Rights of the Child