CM v Minister for Families, Communities and Disability Services

The applicant sought leave to appeal from a decision of the primary judge concerning the care responsibility for her child, which had been assumed by the Secretary of the Department of Communities and Justice. The care proceedings were part-heard in the Children’s Court, and the primary judge had found that the applicant had not demonstrated exceptional circumstances to justify intervention with the existing orders. The appeal was heard by Macfarlan and McCallum JJA in the Court of Appeal.

The central legal issue before the Court of Appeal was whether the applicant had established any issue of principle, a question of general public importance, or an injustice that warranted granting leave to appeal against the primary judge's finding. This required the Court to consider the threshold for granting leave to appeal in circumstances involving the *parens patriae* jurisdiction and the ongoing care proceedings in the Children’s Court.

The Court of Appeal dismissed the application for leave to appeal, finding that the applicant had not met the necessary criteria. The Court concluded that no sufficient issue of principle, question of general public importance, or injustice had been demonstrated to justify interfering with the primary judge's decision. Consequently, the amended notice of motion was also dismissed, and the applicant was ordered to pay the respondents' costs.