Druett v Director-General of Community Services

The applicants, Druett and another, sought leave to appeal to the Supreme Court of New South Wales against a decision of the District Court, which had dismissed their appeal against an order made by the Director-General of Community Services under the *Children (Care and Protection) Act 1987* (NSW). The applicants also sought a writ of certiorari to quash the District Court's decision.

The central legal issues before the Supreme Court were whether a further appeal lay to the Supreme Court from the District Court's decision under the *Children (Care and Protection) Act 1987*, and whether the remedy of certiorari was available in these circumstances.

The Court held that the *Children (Care and Protection) Act 1987* did not provide for a further appeal to the Supreme Court from the District Court's appellate decision. Furthermore, the Court determined that certiorari was not available as a remedy because the District Court's decision was made in its appellate capacity, and the Act did not preserve a right to judicial review of such decisions. The Court reasoned that the statutory scheme for appeals under the Act was exhaustive, and the absence of a provision for further appeal or judicial review indicated that the District Court's decision was final.

The Notice of Motion seeking leave to appeal and the writ of certiorari was accordingly dismissed.