M v Secretary, Department of Communities and Justice [2024] NSWCA 283

M v Secretary, Department of Communities and Justice [2024] NSWCA 283

The applicant failed to establish any judicially reviewable error by the District Court. There was no reasonable apprehension of bias, as reliance on reasons for judgment without broader evidence of partiality does not satisfy the legal test. Procedural fairness was not denied, as the applicant was informed of her right to seek an adjournment and did not do so; the court was not required to adjourn on its own motion. There was no evidence before the primary judge capable of establishing significant change in any relevant circumstances, or that would support granting an extension of time or leave to appeal. The statutory criteria under s 90 were properly considered, with no persuasive...

Parties
Applicant: M; First Respondent: Secretary, Department of Communities and Justice; Second Respondent: Angelique; Third Respondent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
02 December 2024
Procedural Posture
Judicial Review / Court of Appeal Determination of Application for Extension of Time and Summons for Judicial Review
Outcome
Dismissed
Legal Topics
Apprehended Bias, Procedural Fairness, Rescission/variation of Care Orders, Extension of Time, Significant Change in Circumstances, Parental Responsibility
Administrative Law Child Protection Law Apprehended Bias Procedural Fairness Rescission/variation of Care Orders Extension of Time Significant Change in Circumstances Parental Responsibility

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Parties

M

Applicant

Secretary, Department of Communities and Justice

First Respondent

Angelique

Second Respondent

District Court of New South Wales

Third Respondent

Procedural Posture

Judicial Review / Court of Appeal Determination of Application for Extension of Time and Summons for Judicial Review

Legal Issues

  1. 1 Whether the District Court erred in dismissing application to extend time and refusing leave to appeal care order decisions under s 90, Children and Young Persons (Care and Protection) Act 1998 (NSW)
  2. 2 Whether there was actual or apprehended bias in the lower court's decision
  3. 3 Whether the applicant was denied procedural fairness by refusal to adjourn so as to obtain medical evidence

Ratio Decidendi

The applicant failed to establish any judicially reviewable error by the District Court. There was no reasonable apprehension of bias, as reliance on reasons for judgment without broader evidence of partiality does not satisfy the legal test. Procedural fairness was not denied, as the applicant was informed of her right to seek an adjournment and did not do so; the court was not required to adjourn on its own motion. There was no evidence before the primary judge capable of establishing significant change in any relevant circumstances, or that would support granting an extension of time or leave to appeal. The statutory criteria under s 90 were properly considered, with no persuasive...

Court Disposition

Dismissed

Orders

  • Time be extended for the filing of the summons to 18 July 2024.
  • The summons is dismissed.