Shapkin v Secretary, Department of Communities and Justice

• 1. Administrative Law
  2. › Judicial review
  3. › Error of law on the face of the record
  4. › District Court decision on appeal from Children's Court
  5. › Whether reasons disclosed error by treating rejection of 'psychological parent' claim as dispositive of s 98(3) application
  6. › Supreme Court Act 1970 (NSW), s 69
• 1. Administrative Law
  2. › Statutory construction
  3. › Children and Young Persons (Care and Protection) Act 1998 (NSW), s 98(3)
  4. › Right of appearance in care proceedings
  5. › Whether formation of opinion of 'genuine concern' is dispositive or merely a precondition to discretion to grant leave
  6. › Conflict in Supreme Court authority
• 1. Administrative Law
  2. › Judicial review
  3. › Discretionary refusal of relief
  4. › Delay
  5. › Whether delay attributable to applicant warranted withholding relief
  6. › Onus of proof on respondent

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