DB v The Secretary, Department of Family and Community Services

The applicant, DB, sought leave to appeal against orders made by the Supreme Court of New South Wales. The respondent was the Secretary, Department of Family and Community Services. The core of the dispute concerned whether the orders made by the primary judge were consent orders, which would render an appeal futile. The application for leave to appeal was heard by McColl and Meagher JJA in the Court of Appeal.

The central legal issue before the Court of Appeal was whether the primary judge had made orders by consent. This question was critical because if the orders were indeed made by consent, then an appeal against them would generally be futile, as parties are typically bound by their agreement. The court was therefore required to determine the nature of the orders made at first instance and the implications for the applicant's right to appeal.

The Court of Appeal reasoned that the evidence before it indicated that the orders made by the primary judge were, in fact, consent orders. This conclusion was based on the understanding that the parties had reached an agreement which was then formalised by the court. Applying the principle that appeals against consent orders are generally not permitted unless specific exceptions apply (which were not argued or established here), the court found that the application for leave to appeal was without merit. Consequently, the court extended the time for the applicant to seek leave to appeal to 11 December 2015, but ultimately dismissed the application for leave to appeal, with each party to bear their own costs.