BA and La v Secretary, Department of Communities and Justice

The Court of Appeal of New South Wales considered an appeal by BA and La against the Secretary of the Department of Communities and Justice concerning final orders made in the Children's Court regarding parental responsibility. The appeal to the District Court had been dismissed, leading to the present proceedings in the Court of Appeal.

The central legal issues before the Court of Appeal were whether the District Court had committed a jurisdictional error or an error of law on the face of the record, and whether there had been procedural unfairness in the proceedings, specifically in relation to the failure to tender certain evidence and the consideration of relevant factors. The Court also addressed the role of representatives for children in supervisory jurisdiction proceedings and whether children were necessary parties.

The Court of Appeal found that the District Court's decision did not involve a jurisdictional error or an error of law on the face of the record. It was held that the District Court had correctly applied the relevant legal principles and had not erred in its consideration of the evidence or the factors before it. The Court also determined that the children were not necessary parties to the proceedings in the Court of Appeal and that their representatives had fulfilled their roles appropriately.

The Court of Appeal ordered that the summons filed on 14 May 2019 be dismissed, with no order as to the costs of the proceedings in that Court.