Re Jeremy (a pseudonym); DM v Secretary, Department of Family and Community Services [2017] NSWCA 220

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Re Jeremy (a pseudonym); DM v Secretary, Department of Family and Community Services [2017] NSWCA 220 Hearing dates: 16 August 2017 Decision date: 01 September 2017 Before: McColl JA at [1]; Basten JA at [2]; Adamson J at [45] Decision: (1) Set aside the orders made by the District Court on 11 July 2016 dismissing the applicants' appeal and confirming the orders of the Children's Court.

(2) Remit to the District Court the appeal brought by the applicants from the Children's Court, to be determined according to law. Catchwords: SUPERVISORY JURISDICTION – review sought of judgment of District Court on appeal from Children's Court – application for leave to apply to vary care orders – whether District Court erred in law in failing to apply provisions of the Children and Young Persons (Care and Protection) Act 1998, s 90 – whether relief futile or unnecessary

CHILD WELFARE – care and protection of children –application for leave to vary care orders – whether "significant change in any relevant circumstances" – whether applicants had arguable case Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 82, 86, 90, 91; Ch 2, Pt 2 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.4 Cases Cited: JL v Secretary, Department of Family and Community Services [2015] NSWCA 88 King v Goussetis (1986) 5 NSWLR 89 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 S v Department of Community Services [2002] NSWCA 151; 29 Fam LR 144 Wade v Burns (1966) 115 CLR 537; [1966] HCA 35 Texts Cited: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (6th ed, Thomson Reuters, 2017) Category: Principal judgment Parties: DM (First Applicant) MM (Second Applicant) Secretary, Department of Family and Community Services (First Respondent) Independent Legal Representative for Jeremy and Nikki (Second Respondent) District Court of New South Wales (Third Respondent) Representation: Counsel: Second Applicant self-represented Mr M Anderson (First Respondent) Ms M Neville (Second Respondent) Submitting Appearance (Third Respondent)