GR v Secretary, Department of Communities and Justice

The applicant, GR, sought leave to appeal from a decision of the Equity Division of the Supreme Court of New South Wales, which had upheld a Final Care Order made by the Children’s Court concerning her child. The dispute centred on whether the child should be restored to GR's care, following a period where the child had undergone significant medical treatment with the consent of the Department of Communities and Justice, and with limited contact with the parents. The child was approaching adulthood, and permanency planning was in progress.

The primary legal issue before the Court of Appeal was whether there were sufficient prospects of success on a second appeal to justify granting leave. This required the court to consider the merits of the proposed appeal against the Final Care Order, particularly in light of the child's best interests, the child's approaching majority, and the progress of permanency planning.

The Court of Appeal reasoned that the threshold for granting leave to appeal in such circumstances was high. It considered the history of the proceedings and the nature of the orders made by the Children’s Court. The court concluded that there were insufficient prospects that an alternative order would be made on appeal to justify granting leave. The court applied the principles governing appeals in care proceedings, emphasizing the paramountcy of the child's best interests and the need for finality in such matters, especially when permanency planning was advanced and the child was nearing adulthood.

Consequently, the Court of Appeal dismissed the applicant’s motion and the summons for leave to appeal, ordering that the applicant pay the costs of the proceedings.