Department of Communities, Child Safety and Disability Services and Curry

The Applicant, the Department of Communities, Child Safety and Disability Services, sought to appeal a decision of the Childrens Court of Queensland. The dispute concerned the Department's application for an interim order for the protection of a child.

The primary legal issue before the Court was whether the Department had satisfied the threshold for granting an interim protection order under the relevant legislation. Specifically, the Court had to determine if there was a real risk of harm to the child that necessitated immediate intervention.

Tree J dismissed the Department's application, finding that the evidence presented did not establish a sufficient risk of harm to warrant an interim protection order. The Court applied the principles governing the granting of such orders, which require a demonstrable and immediate danger to the child's safety. The evidence did not meet this stringent test.