AA v Secretary, Department of Family and Community Services [2016] NSWCA 323

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AA v Secretary, Department of Family and Community Services [2016] NSWCA 323 Hearing dates: 22 November 2016 Decision date: 22 November 2016 Before: McColl JA at [1] and [25] Basten JA at [2] Decision: (1) Direct that the practice adopted in the Equity Division and in this Court of referring to the applicants as "AA" and "BB" be continued and direct that, pursuant to the Courts Suppression and Non-publication Orders Act 2010 (NSW), there be no publication of the names or other material identifying the applicants.

(2) Direct that the respondent be named as the Secretary, Department of Family and Community Services.

(3) Dismiss the application for leave to appeal from orders made in the Equity Division on 18 August 2016.

(4) Dismiss the notice of motion for issue of subpoena. Catchwords: APPEAL – judgment in supervisory jurisdiction – challenge to refusal of relief – limits of supervisory jurisdiction – merit review properly eschewed – discretionary refusal of relief where alternative remedies available – claims for injunctions to prevent future conduct

CHILD WELFARE – judicial review of decisions of Secretary – judicial review of orders of Children's Court – whether children of applicants at risk – challenge to formation of opinions – whether process legally flawed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 30, 34, 44, 91 Courts Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 Category: Principal judgment Parties: AA (First Applicant) BB (Second Applicant) Secretary, Department of Family and Community Services (Respondent) Representation: Counsel: Applicants self-represented Ms M Neville (Respondent)