JL v Secretary, Department of Family and Community Services

In JL v Secretary, Department of Family and Community Services, the applicant sought judicial review of a decision of the District Court of New South Wales. The applicant had previously applied to the Children's Court for leave to apply to rescind care orders made in favour of the Secretary, Department of Family and Community Services. This application was unsuccessful, as was an appeal to the District Court. The applicant then sought relief from the Court of Appeal under s 69 of the Supreme Court Act 1970 (NSW).

The central legal issues before the Court of Appeal were whether the District Court had made an error of law on the face of the record or a jurisdictional error. Specifically, the court considered whether the District Court had correctly applied the provisions of s 90 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) and whether the District Court judge had demonstrated apprehended bias or denied the applicant procedural fairness in their approach to assessing the applicant's case and the weight given to the applicant's evidence. The relevance of international treaty obligations, specifically the United Nations Convention on the Rights of the Child, to the exercise of discretion was also a consideration.

The Court of Appeal found no error of law on the face of the record or jurisdictional error. The court reasoned that the District Court judge had properly considered the relevant legislative provisions and the evidence before them. The allegations of apprehended bias and denial of procedural fairness were not substantiated, and the judge's assessment of the evidence, including the weight given to the applicant's evidence, was within the proper exercise of their judicial function. The court also noted that while international treaty obligations are relevant, they do not override domestic legislation.

In Matter No. 2013/64151, the appeal was dismissed. In Matter No. 2014/73353, the summons was dismissed.