Wang v State of New South Wales

In the matter of Wang v State of New South Wales, the plaintiff sought judicial review of the decision of the defendant to appoint a new tutor for the plaintiff's minor child, without providing legal representation to the plaintiff during the process. The case was heard in the Federal Court of Australia. The plaintiff, a non-English speaking background migrant, argued that the decision to replace the existing tutor without allowing her to be legally represented contravened her right to procedural fairness under the common law.

The central legal issue before the court was whether the State's decision to appoint a new tutor without providing the plaintiff with legal representation during the process was lawful. Specifically, the court had to consider whether the State's actions were consistent with the principles of procedural fairness, including whether the plaintiff had a legitimate expectation of being provided with legal representation during the appointment process. The court also had to consider the extent to which the State was required to take reasonable steps to accommodate the plaintiff's language difficulties in the appointment process.

The court found that the State's failure to provide the plaintiff with legal representation during the appointment process was unlawful. The court held that the State had an obligation to take reasonable steps to accommodate the plaintiff's language difficulties, including providing her with legal representation during the appointment process. The court also found that the plaintiff had a legitimate expectation of being provided with legal representation during the appointment process, and that the State's failure to provide such representation contravened the principles of procedural fairness. The court granted the plaintiff's application for judicial review and quashed the decision of the State to appoint a new tutor without providing the plaintiff with legal representation. The matter was remitted to the State for reconsideration, with directions to provide the plaintiff with legal representation during the appointment process.