Department of Community Services and Sharmain

The Honourable Justice Rose considered an application by the Department of Community Services concerning orders made on 22 December 2008, which related to the return of a child. Sharmain, the respondent, sought to appeal these orders.

The court was required to determine whether to grant a stay of proceedings on certain orders made on 22 December 2008, pending the determination of Sharmain's application for an extension of time to lodge an appeal. Additionally, the court had to consider the dismissal of pending proceedings concerning conditions to be attached to the order for the child's return.

Justice Rose ordered the discharge of one of the December 2008 orders and granted a stay of another pending the determination of Sharmain's application for an extension of time to appeal. If the extension was granted, the stay would continue until the Full Court determined the appeal. Sharmain was directed to prosecute the appeal expeditiously. The pending proceedings regarding conditions for the child's return were dismissed. The court also requested the Full Court to consider the expedition of the proposed appeal.