Lacey (a pseudonym) v Attorney General for New South Wales

The applicant, a young person facing criminal charges, sought to have their proceedings heard by a female magistrate and to exclude males from the courtroom during the presentation of certain evidence, as well as from viewing that evidence. The Attorney General for New South Wales was the respondent. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the Children's Court possessed the inherent or statutory power to grant the applicant's requests regarding the gender of the magistrate and the exclusion of males from viewing evidence, and whether the refusal of these applications by the Children's Court was amenable to appeal to the Supreme Court under the *Crimes (Appeal and Review) Act 2001* (NSW).

The Court of Appeal considered the scope of the Children's Court's jurisdiction and powers in dealing with criminal charges against young persons. It examined whether the court had the authority to make orders based on the gender of the magistrate or to exclude specific individuals from viewing evidence on such grounds. The court also analysed the nature of the Children's Court's refusal of the applications to determine if it constituted an interlocutory order or a final determination for the purposes of appeal. The court noted that if the application were made by notice of motion and disposed of by dismissing that notice, it could arguably be considered an interlocutory order. Furthermore, where the hearing of an application is dealt with separately from other matters, a refusal may be accompanied by a costs order.