CM v Secretary, Department of Communities and Justice

CM (the mother) sought judicial review of a decision by the Children’s Court of New South Wales to appoint a guardian ad litem for her. The Secretary of the Department of Communities and Justice was the respondent. The dispute concerned the validity of the appointment of the guardian ad litem, with the mother alleging errors of law on the face of the record.

The Court of Appeal of New South Wales was required to determine whether the Children’s Court had erred in law by appointing a guardian ad litem for the mother. Specifically, the court considered whether the record of proceedings included the reasons for appointing a previous guardian ad litem, and whether it was a prerequisite for the court to make an order for the mother’s legal representation before appointing a guardian ad litem. The court also considered whether any such error constituted a jurisdictional error.

The Court of Appeal found no error of law on the face of the record. It held that the reasons for the appointment of the guardian ad litem were sufficiently articulated in the material before the court. Furthermore, the court determined that there was no statutory requirement under sections 98 and 101 of the *Children and Young Persons (Care and Protection) Act 1998* (NSW) to make an order for legal representation for the mother prior to appointing a guardian ad litem. Consequently, no jurisdictional error was established.

The amended summons seeking judicial review was dismissed.