DC v Secretary, Department of Family and Community Services & Ors

[2017] NSWCA 225

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Self-represented litigants
5. › Scope of court's obligation to inform unrepresented litigants of practice and procedure
6. › Whether failure to advise of fee waiver procedures constituted denial of procedural fairness
7. › Supreme Court Act 1970 (NSW), s 69
1. Administrative Law
2. › Judicial review
3. › Discretion to refuse prerogative relief
4. › Delay
5. › Best interests of child
6. › Whether delay and child's welfare justified refusal of relief despite established procedural unfairness
1. Family Law and Child Welfare
2. › Child welfare under State legislation
3. › Children in need of protection
4. › Care plans
5. › Amendment to care plan
6. › Whether amendment to contact arrangements without notice to parent constituted denial of procedural fairness
7. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 78, 83, 86, 87
1. Civil Procedure
2. › Court fees
3. › Daily hearing fees
4. › Power to waive fees
5. › Whether registrar's decision on fee waiver reviewable by judge
6. › Civil Procedure Regulation 2012 (NSW), cl 11
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 49.15, 49.19

Quick Take

A court's obligation to provide procedural fairness to self-represented litigants includes informing them of significant changes to court fees, but the failure to do so does not necessarily vitiate the trial if the information was not necessary for the conduct of a fair hearing. A District Court judge has power under UCPR rr 49.15 and 49.19 to direct a registrar to deal with a fee waiver application or to review a registrar's adverse decision. Changes to contact arrangements in care plans that have a significant impact on a parent must be made with notice to that parent and an opportunity to be heard, in accordance with s 87(1) of the Children and Young Persons (Care and Protection) Act 1998 (NSW). The question whether excessive court fees might engage constitutional principles of access to justice was raised but not decided.