Kuczynski v Schemioneck

SUPREME COURT OF QUEENSLAND

CITATION:

KAA & Anor v Schemioneck & Anor (No 2) [2007] QCA 449

PARTIES:

KAA
(first appellant/first applicant)
KAB
(second appellant/second applicant)
v
MAGISTRATE SCHEMIONECK
(first respondent)
DEPARTMENT OF CHILD SAFETY
(second respondent)

FILE NO/S:

Appeal No 3908 of 2007
Appeal No 3909 of 2007
Appeal No 4087 of 2007
DC No 2293 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

21 December 2007

DELIVERED AT:

Brisbane

HEARING DATE:

13 November 2007

JUDGES:

McMurdo P, Muir JA and Daubney J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.

ORDER:

1.    That each of application Appeal No 3908/07, Appeal No 3909/07 and Appeal No 4087/07 be dismissed

2.               The applicants pay the respondents’ costs of and incidental to each application to be assessed

CATCHWORDS:

FAMILY LAW AND CHILD WELFARE – CHILD WELFARE UNDER STATE LEGISLATION – CHILDREN IN NEED OF PROTECTION – PROCEEDINGS RELATED TO CARE AND PROTECTION – JURISDICTION OF COURTS – where Childrens Court constituted by a magistrate made orders and issued warrants in relation to applicants’ child – where applicants appealed to Childrens Court constituted by a judge – where applicant seeks right of appeal under s 118(3) District Court of Queensland Act 1967 (Qld) - whether applicant may appeal from that decision to this Court

Child Protection Act1999 (Qld) Ch 2, Pt 2, Pt 3, Pt 4, s 117, s 121
District Court of Queensland Act 1967 (Qld), s118

SBD v Chief Executive, Department of Child Safety [2007] QCA 318; Appeal No 5726 of 2007, 2 October 2007, considered

COUNSEL:

First and second applicant on their own behalf
H A Scott-Mackenzie for the second respondent

SOLICITORS:

First applicant in person for both applicants
Crown Law for the second respondent

1. McMURDO P: It is by no means clear that there is an avenue to apply for leave to appeal from a decision of the Childrens Court to this Court under s 118(3) District Court of Queensland Act1967 (Qld): SBD v Chief Executive, Department of Child Safety.[1]  Accepting for present purposes that there is such an avenue, the applicants have not demonstrated in any of these three applications any reason warranting the grant of leave to appeal to this Court.  I would refuse each application for the reasons given by Daubney J.

   [1][2007] QCA 318; Appeal No 5726 of 2007, 2 October 2007, [17].

1. MUIR JA:  I agree with the reasons of Daubney J and with his proposed orders.

1. DAUBNEY J:  Mr and Mrs KAA have applied for orders extending the time for appealing and for leave to appeal against the following decisions and orders of District Court Judges sitting as Childrens Court Judges:

(a)     The decision and order of Shanahan DCJ on 21 March 2007;
(b)     The decision and order of Tutt DCJ on 13 April 2007, and

(c)The decision and order of Trafford-Walker SJDC made…