JE v Secretary, Department of Family and Community Services [2019] NSWCA 162

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: JE v Secretary, Department of Family and Community Services [2019] NSWCA 162 Hearing dates: 21 June 2019 Decision date: 03 July 2019 Before: Bell P at [1] Gleeson JA at [2] Leeming JA at [71] Decision: 2018/287363 (1) Notice of appeal filed 17 September 2018 is dismissed as incompetent.

2018/287395 (1) Summons seeking leave to appeal filed 17 September 2018 is dismissed as incompetent.

2018/347455 (1) Vary the order made by Judge Olsson on 22 August 2018 by adding after the words, "The summons is dismissed", the words:

"except for the applicant's appeal pursuant to s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) against orders made by the Children's Court on 12 April 2018 relating to the child, Michelle (the s 91 appeal).

(2) Remit the proceedings to the District Court for determination of the s 91 appeal according to law.

(3) The Secretary of the Department of Family and Community Services to pay the costs of the applicant, and the costs of Michelle, Dora, and SE and YE in this Court.

2019/122139 (1) Application for an extension of time to seek leave to appeal is refused.

(2) Summons seeking leave to appeal filed on 18 April 2019 is dismissed with costs. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal from Children's Court to District Court – whether error of law on the face of the record or jurisdictional error established – where common ground that applicant not accorded procedural fairness