JE v Secretary, Department of Communities and Justice (No 2)

[2020] NSWCA 243

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Supervisory jurisdiction
4. › Appeal from Children's Court to District Court
5. › Whether error of law on the face of the record or jurisdictional error established
6. › Children and Young Person's (Care and Protection) Act 1998 (NSW), s 91
1. Practice and Procedure
2. › Representation of children and young persons
3. › Judicial review proceedings in supervisory jurisdiction
4. › Common interest with Secretary
5. › Whether separate legal representation necessary where interests aligned
6. › Costs implications of duplicated representation

Quick Take

Practitioners representing children in care proceedings should note that where the child's interests are aligned with the Secretary's in supervisory jurisdiction proceedings, separate active legal representation may be unnecessary and inappropriate, and a more circumscribed approach liaising with the Secretary's lawyers is expected.