CM v Minister for Families, Communities and Disability Services [2020] NSWCA 347

CM v Minister for Families, Communities and Disability Services [2020] NSWCA 347

Leave to appeal was refused because the applicant did not identify any ground showing sufficient doubt about Rees J's decision, any issue of principle, question of general public importance, or reasonably clear injustice. Rees J's refusal to intervene in part-heard Children's Court care proceedings was an orthodox application of the principle that exceptional circumstances are required before interfering with orders of a specialist court, and the applicant's arguments either challenged Children's Court findings, raised matters for the pending final hearing, alleged departmental misconduct to be ventilated in that forum, or were misconceived personal attacks on the primary judge. Because...

Jurisdiction
Australia
Judgment Date
21 December 2020
Procedural Posture
Application for Leave to Appeal and Amended Notice of Motion for Interim Order in Care Proceedings Context / Court of Appeal Application for Leave to Appeal From Decision of Rees J in the Equity Division of the Supreme Court of New South Wales
Outcome
Application for leave to appeal dismissed; amended notice of motion dismissed; applicant ordered to pay the respondents' costs.
Legal Topics
['leave to Appeal' "children's Court Care Proceedings" 'interim Parental Responsibility' 'exceptional Circumstances for Supreme Court Intervention' 'anonymity of Child']
['appeals' 'care and Protection' 'parens Patriae Jurisdiction'] ['leave to Appeal' "children's Court Care Proceedings" 'interim Parental Responsibility' 'exceptional Circumstances for Supreme Court Intervention' 'anonymity of Child']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Amended Notice of Motion for Interim Order in Care Proceedings Context / Court of Appeal Application for Leave to Appeal From Decision of Rees J in the Equity Division of the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from Rees J's dismissal of the applicant's parens patriae application and notice of motion." 'Whether the applicant identified an issue of principle, question of general public importance, or reasonably clear injustice warranting leave to appeal.' "Whether there was a basis for this Court to order the child returned to the applicant temporarily pending resolution of the Children's Court care proceedings." "Whether the Supreme Court should interfere with orders made in part-heard care proceedings in the Children's Court."]

Ratio Decidendi

Leave to appeal was refused because the applicant did not identify any ground showing sufficient doubt about Rees J's decision, any issue of principle, question of general public importance, or reasonably clear injustice. Rees J's refusal to intervene in part-heard Children's Court care proceedings was an orthodox application of the principle that exceptional circumstances are required before interfering with orders of a specialist court, and the applicant's arguments either challenged Children's Court findings, raised matters for the pending final hearing, alleged departmental misconduct to be ventilated in that forum, or were misconceived personal attacks on the primary judge. Because...

Court Disposition

Application for leave to appeal dismissed; amended notice of motion dismissed; applicant ordered to pay the respondents' costs.

Orders

  • ['Dismiss the application for leave to appeal.' 'Dismiss the amended notice of motion dated 12 November 2020.' "Order the applicant to pay the respondents' costs."]