CLD v Children’s Guardian [2017] NSWSC 936

CLD v Children’s Guardian [2017] NSWSC 936

The Tribunal's failure to comply with s 50 of the Civil and Administrative Tribunal Act 2013 (NSW), including not affording parties an opportunity to make submissions or making the required order dispensing with a hearing, vitiated its decision. Procedural fairness was denied and the Tribunal's decision is set aside with the matter remitted for determination by a differently constituted Tribunal.

Jurisdiction
Australia
Judgment Date
13 July 2017
Procedural Posture
Administrative Review, Appeal / Principal Judgment, Appeal Allowed
Outcome
Appeal allowed; Tribunal decision set aside; proceedings remitted; costs awarded to plaintiff; suppression and pseudonym orders granted.
Legal Topics
['procedural Fairness' 'non Publication Orders' 'administrative Review' 'working With Children Clearance']
['administrative Law' 'practice and Procedure'] ['procedural Fairness' 'non Publication Orders' 'administrative Review' 'working With Children Clearance']

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Procedural Posture

Administrative Review, Appeal / Principal Judgment, Appeal Allowed

Legal Issues

  1. 1 ['Whether the Tribunal failed to comply with s 50 of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether the applicant was denied procedural fairness' 'Whether non-publication and pseudonym orders should be made']

Ratio Decidendi

The Tribunal's failure to comply with s 50 of the Civil and Administrative Tribunal Act 2013 (NSW), including not affording parties an opportunity to make submissions or making the required order dispensing with a hearing, vitiated its decision. Procedural fairness was denied and the Tribunal's decision is set aside with the matter remitted for determination by a differently constituted Tribunal.

Court Disposition

Appeal allowed; Tribunal decision set aside; proceedings remitted; costs awarded to plaintiff; suppression and pseudonym orders granted.

Orders

  • ['Order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), on the ground specified in s 8(1)(e), that the names and addresses of the plaintiff, any child referred to in evidence, and any other person whose publication would identify them not be published without leave of the Court.'...