EDA v Children’s Guardian [2020] NSWCATAD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EDA v Children's Guardian [2020] NSWCATAD 42 Hearing dates: 30 January 2020 Date of orders: 06 February 2020 Decision date: 06 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: (1) The Tribunal refuses the application to extend time for the filing of the Administrative Review application dated 31 October 2019. (2) The application for Administrative Review filed by the applicant is dismissed. Catchwords: ADMINISTRATIVE LAW- whether to extend time for filing of an administrative review application – where no fairly arguable case – where no substantial merit in the applicant's case for review. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Evidence Act 1995 (NSW) Cases Cited: BKW v Department of Family and Community Services [2014] NSWCATAD 205 Jackson v Land and Housing Corporation [2014] NSWCATAP 22 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 Molyneux v Chief Commissioner of State Revenue [2012] NSWADTAP 53 Roberts v Balancio (1987) 8 NSWLR 436 The Mutual Life and Citizens' Assurance Company Ltd v Attorney General (Qld) & anor (1961) 106 CLR 48 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 YG & GG v Minister for Community Services [2002] NSWCA 247 ZHA v ZGZ [2018] NSWCATAP 249 Texts Cited: None cited Category: Procedural and other rulings Parties: EDA (Applicant) Children's Guardian (Respondent) Representation: Counsel: J McDonald (Respondent)