CM v Secretary, Department of Communities and Justice

[2022] NSWCA 120

NSW Court of Appeal

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Interrogate

Catchwords

1. Child Welfare
2. › Care and protection of children
3. › Proceedings in Children's Court and on appeal
4. › Right of appearance
5. › Appointment of guardian ad litem for parent
6. › Whether order for legal representation a prerequisite to appointment of guardian ad litem
7. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 98, 100, 101
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error of a court
4. › Whether District Court fundamentally misconceived its function
5. › Supreme Court Act 1970 (NSW), s 69
1. Administrative Law
2. › Judicial review
3. › Error of law on the face of the record
4. › Whether record included reasons for appointing previous guardian ad litem
5. › Supreme Court Act 1970 (NSW), s 69(4)

Quick Take

A court may appoint a guardian ad litem for a parent under s 101 without first ordering legal representation, and the court may be satisfied of incapability of giving proper instructions from the person's conduct of proceedings, medical evidence, or other circumstances.