JE v Secretary, Department of Communities and Justice

[2020] NSWCA 123

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Whether sibling of child subject of care proceedings should be joined to appeal
5. › Whether joinder necessary or appropriate where interest contingent on success of appeal
6. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 91, 105
1. Practice and Procedure
2. › Parties
3. › Children
4. › Appointment of tutor
5. › Whether tutor required for 16-year-old child capable of giving instructions
6. › Whether requirement for tutor should be dispensed with
7. › Children and Young Persons (Care and Protection) Act 1998 (NSW), s 99A
1. Practice and Procedure
2. › Supervisory jurisdiction
3. › Judicial review of District Court decisions
4. › Review of orders dismissing appeal from Children's Court
5. › Scope of review limited to jurisdictional error or error of law on face of record

Quick Take

Practitioners in care proceedings should note that joinder of siblings to judicial review proceedings will not be ordered where the sibling's interest is merely contingent on the success of the primary challenge, and that the requirement for a tutor may be dispensed with for older children capable of giving instructions through direct legal representatives.