The Court of Appeal dismissed the mother's application for leave to appeal, holding that the appeal had no realistic prospect of success. The applicant's argument that the Children & Young Persons (Care and Protection) Act 1998 (NSW) was invalid for inconsistency with the Family Law Act 1975 (Cth) under s 109 of the Constitution was rejected, as s 69ZK of the Family Law Act resolves any potential inconsistency between Commonwealth family law and state child welfare legislation. Leave to appeal against a separate costs order by Slattery J was also refused on the basis that no arguable miscarriage of discretion was shown.
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