Recent Cases

BA and LA v Secretary, Department of Communities and Justice [2019] NSWCA 206 (22 August 2019) (Basten JA; Leeming JA; Payne JA)


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