JE v Secretary, Department of Communities and Justice (No 2)

The applicant, JE, sought judicial review of a decision made by the Secretary, Department of Communities and Justice, concerning the representation of a child in proceedings before the Children's Court. The matter came before the Court of Appeal of New South Wales, with Meagher, Gleeson, and Leeming JJA presiding.

The primary legal issue before the Court of Appeal was whether the applicant had established an error of law on the face of the record or a jurisdictional error in the decision of the Secretary regarding the representation of the child. A secondary issue concerned the nature of appropriate representation for children and young persons in judicial review proceedings, particularly where their interests might align with those of the Secretary.

The Court of Appeal found that no error of law on the face of the record or jurisdictional error had been made out by the applicant. The Court reasoned that the Secretary's decision regarding representation was within the scope of their administrative functions and did not transgress legal boundaries. The Court also considered the principles governing the representation of children in such proceedings, noting the potential for a common interest with the Secretary in certain circumstances.

Consequently, the Court of Appeal dismissed the amended summons filed on 30 April 2020.