Director-General, Family and Community Services re Felicity

The matter before the Court of Appeal concerned purported appeals against orders made in care proceedings relating to a child named Felicity. The orders in question had been made by both the President of the Children's Court and the Equity Division of the Supreme Court. The primary dispute revolved around the competency of these appeals and the correct appellate pathway.

The Court of Appeal was required to determine two principal legal issues. Firstly, it had to ascertain whether leave to appeal was necessary in relation to the orders made by the Supreme Court. Secondly, the Court needed to decide whether an appeal against an order made by the President of the Children's Court lay to the Court of Appeal or to the Equity Division of the Supreme Court.

Barrett JA found that the appeals were incompetent. His Honour reasoned that the relevant legislation dictated the proper forum for appeals from the Children's Court, and that the appeals as presented to the Court of Appeal did not conform to the statutory requirements. Consequently, the amended notice of appeal was struck out in its entirety, and the appellant was ordered to pay the costs of the Director-General, Family and Community Services.