Ford & Department of Child Safety

This matter concerned an appeal from an order of the Children's Court of Queensland, presided over by Jarrett FM, which dismissed an application filed on 16 March 2007. The appellant was the maternal aunt of a child, and the respondent was the Department of Child Safety. The appeal was heard by Bryant CJ, Finn and Kay JJ.

The primary legal issue before the appellate court was whether the primary judge erred in law by considering section 60H of the *Family Law Act 1975* (Cth) when it was no longer relevant to the application before him. The appellant argued that the section had no relevance, as the relevant provisions concerning the interaction between the *Family Law Act* and child welfare laws had been renumbered to section 69ZK.

The appellate court noted that while the primary judge did refer to section 60H, he also appeared to acknowledge that the provisions had been moved to section 69ZK. The court considered the historical context of section 60H, which dealt with the jurisdiction of courts exercising family law jurisdiction in relation to children subject to child welfare laws, and its predecessor provisions. The court observed that the primary judge's reasons for dismissing the application were to be found in the transcript, which indicated a discussion about adjourning the matter pending a decision by the Department of Child Safety in July. The transcript also revealed the primary judge's apparent consideration of the former section 60H, which allowed for the adjournment of proceedings if another court or authority proposed to make an order under a child welfare law.

The formal order made by the primary judge was that the application filed on 16 March 2007 be dismissed. The appellate court's judgment would determine whether this dismissal was legally sound, particularly in light of the alleged misdirection regarding section 60H.