Re Jeremy

The applicants sought leave to appeal to the Supreme Court of New South Wales from a decision of the District Court, which had dismissed their appeal from orders made by the Children’s Court. The underlying dispute concerned an application to vary existing care orders made under the *Children and Young Persons (Care and Protection) Act 1998* (NSW).

The primary legal issues before the Supreme Court were whether the District Court had erred in law by failing to properly apply section 90 of the *Children and Young Persons (Care and Protection) Act 1998* and whether the relief sought by the applicants was futile or unnecessary. Relatedly, the Court considered whether the District Court had correctly assessed whether there had been a "significant change in any relevant circumstances" and whether the applicants had an arguable case for variation of the care orders.

The Supreme Court found that the District Court had erred in law in its approach to the application for leave to vary the care orders. The Court held that the District Court had not correctly applied the statutory test under section 90, which requires consideration of a significant change in relevant circumstances and whether the applicants have an arguable case. The Court determined that the District Court’s dismissal of the appeal was based on an incorrect application of the law.

Consequently, the Supreme Court set aside the orders of the District Court and remitted the applicants' appeal back to the District Court for determination according to law.