Re Kerry (No 2)

This matter concerned a judicial review application for an order in the nature of certiorari in respect of a decision of the District Court, which had varied orders made by the Children's Court concerning the allocation of parental responsibility for a child. The applicant sought to challenge the District Court's decision on grounds of jurisdictional error and error on the face of the record.

The Court of Appeal was required to determine whether the District Court had committed jurisdictional error. Specifically, the court considered whether the District Court had wrongly rejected the relevance of principles from the United Nations Convention on the Rights of the Child, failed to comply with s 9(2)(c) of the *Children and Young Persons (Care and Protection) Act 1998*, failed to implement s 79(3) of that Act, or failed to comply with ss 13 and 78A of the Act concerning Aboriginality.

The Court of Appeal dismissed the claims in prayers 1 and 2 of the further amended summons. The court reserved for future consideration the question of making any order as to costs of the proceedings to date, directing that any party seeking costs must serve the terms of the order sought and submissions within fourteen days, with responding submissions to be served within a further fourteen days. The balance of the further amended summons was remitted to the Equity Division for determination.