Under s 90 of the Children and Young Persons (Care and Protection) Act 1998 (NSW), the precondition of 'significant change in any relevant circumstances' under s 90(2) must be addressed separately from the merits of the application and the mandatory considerations under s 90(2A). A court must make express findings on whether the matters relied upon as changed circumstances demonstrate significant change in relevant circumstances, and must demonstrably take into account each mandatory relevant consideration under s 90(2A). An anticipatory statement that the court would have refused leave even if wrong on the threshold question does not render relief futile.
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