Shapkin v Secretary, Department of Communities and Justice

The proceedings concerned an application for judicial review of a District Court decision that dismissed an interlocutory appeal from the Children's Court. The applicant, Mr Shapkin, sought to prevent the independent legal representative of the child from being heard in the judicial review proceedings. The Secretary, Department of Communities and Justice, was the respondent.

The central legal issue before the Court of Appeal was whether the independent legal representative of the child was entitled to be heard in the judicial review proceedings, particularly given a divergence in submissions between the Secretary and the representative, and a perceived divergence of principle on the face of the authorities. The Court was required to consider whether it would be assisted by the submissions of the independent legal representative on questions of law.

The Court reasoned that the independent legal representative's role was to represent the child's interests, and in circumstances where there was a divergence of submissions and a potential divergence of principle, their input would be of assistance to the Court in determining the questions of law. Accordingly, the Court granted leave to the independent legal representative to intervene in the proceedings.

The Court ordered that Mr Shapkin's application that the independent legal representative not be heard be dismissed, and granted leave to the independent legal representative to intervene in the proceedings.