Trad v The Secretary, Department of Education

[2024] HCASL 109

TRAD

v

THE SECRETARY, DEPARTMENT OF EDUCATION

[2024] HCASL 109
S22/2024

1. The applicant requires an extension of time within which to seek special leave to appeal from a judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales (Ward P, Dhanji and Sweeney JJ agreeing) answering a question of law on a stated case submitted by the District Court of New South Wales (McHugh SC DCJ) pursuant to s 5B of the Criminal Appeal Act 1912 (NSW), which concerned s 165(2) of the Children (Education and Care Services) National Law 2010 (NSW).

2. Given that the Court of Criminal Appeal did not disturb the applicant's acquittal of an offence under s 165(2), there is reason to doubt the utility of an appeal. Otherwise, an appeal would have insufficient prospects of success to warrant an extension of time and a grant of special leave.

3. Special leave to appeal is refused. There will be no order as to costs.

   Gageler CJ
   Gordon J
   Edelman J
   Steward J
   Gleeson J
   Jagot J
   Beech-Jones J

   11 April 2024