BA and LA v Secretary, Department of Communities and Justice [2019] NSWCA 206

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: BA and LA v Secretary, Department of Communities and Justice [2019] NSWCA 206 Hearing dates: 16 August 2019 Decision date: 22 August 2019 Before: Basten JA; Leeming JA; Payne JA Decision: (1) Dismiss the summons filed on 14 May 2019.

(2) No order as to the costs of the proceedings in this Court. Catchwords: CHILD WELFARE – parental responsibility allocated to Minister – final orders in Children's Court – appeal to District Court – whether jurisdictional error or error of law on the face of the record of District Court –procedural unfairness – failure to tender evidence – relevant considerations

CIVIL PROCEDURE – parties – supervisory jurisdiction – children as necessary parties – representation – role of representative Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 79, 83, 91, 94, 99, 99A; Ch 5, Ch 6 Supreme Court Act 1970 (NSW), s 69 Cases Cited: D v C [2018] NSWCA 190 Category: Principal judgment Parties: BA (First Applicant) LA (Second Applicant) Secretary, Department of Communities and Justice (First Respondent) EB, AB, AB (Second, Third and Fourth Respondents) District Court of New South Wales (Fifth Respondent) Representation: Counsel: Applicants self-represented Mr G Moore (First Respondent) Mr N A Confos (Independent Legal Representative for Second, Third and Fourth Respondents)