DT v Chief Executive of the Department for Child Protection

The Supreme Court of Western Australia considered an application by DT, who sought to appeal against decisions made by the Chief Executive of the Department for Child Protection concerning a child. DT had applied for a declaration as to whom the child "belongs" and sought to be substituted as the child's legal representative.

The Court was required to determine whether to grant an extension of time and leave to appeal the refusal to make a declaration regarding the child's belonging. It also had to consider whether to grant leave to appeal the decision that the child should be separately represented by an independent lawyer, and whether to grant the application to substitute DT as the child's legal representative.

In dismissing the applications, the Court reasoned that an appeal regarding the declaration of belonging was not reasonably arguable, as a child is not property and cannot be "owned". Regarding the separate representation of the child, the Court held that leave to appeal should be refused because the child's best interests necessitated independent legal representation, acting in accordance with professional and ethical obligations. Consequently, the application to substitute DT as the child's legal representative was dismissed due to a clear conflict between DT's interests and the child's best interests.