M, K v Chief Executive of the Department for Child Protection

This matter concerned an application for leave to appeal a decision of the Chief Executive of the Department for Child Protection. The applicants, identified as M and K, sought to appeal a decision concerning the care and protection of a child. The appeal was heard by a bench of two Judges of the Supreme Court of South Australia, convened under s 19C of the *Supreme Court Act 1935* (SA) and r 212.4(c) of the *Uniform Civil Rules 2020* (SA).

The primary legal issue before the Court was whether the applicants had demonstrated sufficient grounds to warrant a second appeal. This involved considering whether there was good reason to doubt the correctness of the impugned decision and whether the issues raised were of general principle or importance. The Court also considered the interests of justice in permitting such an appeal.

The Court reasoned that, while it ultimately acts in the interests of justice, a threshold requirement for granting leave to appeal is generally the demonstration of good reason to doubt the correctness of the lower court's decision, coupled with issues of general principle or importance. In this instance, the Court found that the grounds of appeal were not reasonably arguable and that it was not in the interests of justice to permit a second appeal. The Court also noted that the applicants had an alternative avenue for relief, as they could apply to revoke the order made under s 55 of the relevant Act. Consequently, leave to appeal was refused.