Cao v Department of Child Safety

In the matter of Cao v Department of Child Safety, the applicant sought leave to appeal a decision made by the Children's Court, constituted by a judge, to the Court of Appeal. The dispute involves proceedings related to the care and protection of a child under state legislation, specifically the Children and Young Persons (Care and Protection) Act 1998 (NSW). The applicant was dissatisfied with the decision made by the Children's Court and sought to appeal to the Court of Appeal. However, the application for leave to appeal was struck out for want of prosecution, leading the applicant to seek a review of that decision. The central legal issue before the court was whether an appeal from the Children's Court constituted by a judge to the Court of Appeal could be made by right or if it required leave.

The court considered the statutory framework governing appeals from the Children's Court and examined the relevant provisions of the Children and Young Persons (Care and Protection) Act 1998 (NSW). The court found that appeals from the Children's Court, when constituted by a judge, typically required leave. The court was satisfied that the applicant had not demonstrated any exceptional circumstances that would warrant leave to appeal, particularly as the application for leave to appeal had already been struck out for want of prosecution. The court held that the applicant had not established grounds for the review of the decision to strike out the appeal, and therefore, the application to review was refused. The court's reasoning was grounded in the statutory provisions and the procedural history of the case, concluding that the decision of the President of 3 April 2009 stood as it was.