Re Sophie (No 2)

The case of *Re Sophie (No 2)* concerned an appeal to the Court of Appeal of New South Wales regarding a child's need for protection under State legislation. The Director-General of the Department of Community Services sought to have the child declared in need of care and protection, alleging sexual abuse. The primary issue before the Court of Appeal was whether the trial judge had erred in their determination of the child's need for protection, specifically concerning the onus of proof for the alleged sexual abuse.

The central legal question was whether the trial judge had correctly applied the standard of proof, namely proof on the balance of probabilities, to the allegation of sexual abuse. The appellant argued that the trial judge had failed to place this onus squarely on the Director-General, thereby committing an error of law. This also raised the question of whether such an error, if established, constituted a ground for the writ of certiorari to quash the original decision, as it might represent an error on the face of the record.

The Court of Appeal considered the evidence presented and the trial judge's findings. It was held that the trial judge had indeed applied the correct legal standard, requiring the Director-General to prove the allegations of sexual abuse on the balance of probabilities. The Court found no error in the trial judge's approach to the evidence or in the application of the relevant legal principles. Consequently, the appeal was dismissed.

The summons was dismissed with no order as to costs.