Recent Cases

Secretary, Department of Communities and Justice v KH & Ors [2022] NSWCA 221 (01 November 2022) (White and Beech-Jones JJA, Simpson AJA)


ADMINISTRATIVE LAW — judicial review — whether reasons of primary judge form part of the record — meaning of “ultimate determination” —primary judge’s decision a step towards an ultimate determination — reasons of primary judge do not form part of the record

CHILD WELFARE — Care proceedings — whether primary judge made an error of law on the face of the record by misconstruing or failing to apply the requirement that there be a ‘realistic possibility of restoration within a reasonable period’ — submissions invite merits review of primary judgment and are therefore rejected

CHILD WELFARE — Care proceedings — paramountcy of the best interests of the child —whether primary judge erred in focusing on the possibility that a parent would be capable of providing a safe environment for the child — primary judge did not err

ADMINISTRATIVE LAW — Irrelevant and relevant considerations — judge below erred in the way in which he took into account whether a parent was denied procedural fairness