ES v The Director-General of the Community Services Directorate

The applicant, ES, sought leave to appeal out of time against interim orders made by the Children’s Court placing children in the care of the Director-General of the Community Services Directorate. The appeal was heard by Burns J of the Supreme Court of the Australian Capital Territory.

The primary legal issue before the Court was whether to grant leave to appeal out of time. This required the Court to consider whether there was a sufficient explanation for the delay in filing the application for leave to appeal and whether the proposed appeal had any prospects of success.

Burns J dismissed the application for leave to appeal out of time. His Honour found that there was no explanation provided for the significant delay in bringing the application. Furthermore, His Honour concluded that the proposed appeal had no reasonable prospects of success. Consequently, the application was dismissed.