Recent Cases

GR v Secretary, Department of Communities and Justice [2021] NSWCA 99 (21 May 2021) (Macfarlan JA; Gleeson JA)


CHILD WELFARE – care proceedings – applicant alleged Children’s Court acted without jurisdiction and Supreme Court consequently erred in dismissing judicial review application – leave to appeal refused

CHILD WELFARE – care proceedings – guardian ad litem appointed by Supreme Court – whether court required to appoint guardian ad litem if child or young person who is a party is incapable of giving proper instructions or whether court has discretion to do so – interaction between ss 98(2A) and 100 Care Act – reasonable argument and of some general importance – leave to appeal granted on limited basis