CAC v The Secretary Department of Family and Community Services

The applicant, CAC, sought leave to appeal to the Supreme Court of New South Wales against an interim care order made by the Children’s Court. The Secretary of the Department of Family and Community Services was the respondent. The dispute concerned the welfare and best interests of children, with the applicant attempting to invoke the Supreme Court's *parens patriae* jurisdiction.

The primary legal issue before the Supreme Court was whether it should grant leave to appeal from the Children’s Court's interim care order, particularly in circumstances where there was no statutory right of appeal and the applicant had invoked the Supreme Court's inherent jurisdiction. A related issue was whether the Children’s Court was the appropriate forum to determine the best interests of the children in this context.

The Court noted that the Children’s Court had since made final findings regarding the need for protection of the children. Given these subsequent developments and the absence of a statutory appeal pathway, the Court concluded that there was no utility in granting leave to appeal. The *parens patriae* jurisdiction was not considered the appropriate avenue for challenging the interim order in these circumstances, especially when the Children’s Court had already made final determinations.

Consequently, the application for leave to appeal was dismissed.