SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | W v Director-General, Community Services Directorate |
Citation: | [2014] ACTSC 404 |
Hearing Date: | 25 September 2014 |
DecisionDate: | 25 September 2014 |
Before: | Mossop M |
Decision: | The appeal is dismissed. |
Category: | Principal Judgment |
Catchwords: | APPEAL – appeal from decision of Magistrates Court to refuse leave to apply for an amendment to a care and protection order – where appellant not a party to original proceedings – where submissions do not disclose an appropriate basis for overturning the discretionary decision of the magistrate – whether the appellant was a person who had at the time of the original proceedings “daily care responsibility, or long-term care responsibility, for the child or young person” – whether magistrate erred by failing to consider incorrect advice given to the appellant by department officers – whether magistrate erred by incorrectly exercising a discretion available to him – whether it is appropriate to make an “order otherwise” than that each party should bear its own costs pursuant to Children and Young People Act 2008 (ACT) s 724 |
Legislation Cited: | Children and Young People Act 2008 (ACT) Magistrates Court Act 1930 (ACT) |
Cases Cited: | Australian Capital Territory v Bell [2004] ACTCA 2 Coulton V Holcombe (1986) 162 CLR 1 |
Parties: | W (Appellant) Director-General, Community Services Directorate (First Respondent) [not published] (Second Respondent) [not published] (Third Respondent) [not published] (Fourth Respondent) [not published] (Fifth Respondent) |
Representation: | Counsel: Mr J Moffett (Appellant) Ms A Tonkin (First Respondent) Ms C Poulton (Second to Fifth Respondents) |
| Solicitors: Welfare Rights and Legal Centre Limited (Appellant) Australia Capital Territory Government Solicitor (First Respondent) Darryl Perkins Solicitors (Second to Fifth Respondents) | |
File Number: | SCA 30 of 2014 |
Decision under appeal: | Court/Tribunal: Childrens Court of the Australian Capital Territory Before: Magistrate Morrison Date of Decision: 25 March 2014 Case Title: In the matter of an application to amend a Care and Protection order pursuant to section 466 of the Children and Young People Act 2008 Court File Numbers: KE2483, KE2484, KE2485 |
Introduction
This is an appeal brought by the maternal aunt of three children, in relation to whom care orders were made by the Childrens Court on 25 September 2013. The appellant was not a party to the original proceedings. After final orders were made she brought an application under s 466 of the Children and Young People Act 2008 (ACT) (CYP Act) for amendment of the care and protection order. Section 466(1) of the CYP Act only permitted such an application where the Childrens Court had given leave for it to be made. On 25 March 2014 the Magistrates Court refused to grant the appellant leave. She appeals from that refusal.
Appeal provision
Section 836…
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- Case
- [2014] ACTSC 404
- Decision Date
CaseChat Overview and Summary
The court examined the appellant's submissions and found that they did not disclose a basis for overturning the magistrate's decision. The appellant's claims that she had been misled by department officers were not supported by the evidence, as the magistrate concluded that there was no contribution to her misunderstanding about the return of the children to her. The court also found that the magistrate did not err by failing to consider incorrect advice given to the appellant, as the proceedings in this jurisdiction are about the interests of the children and not about the rights of their carers. The court further held that the magistrate correctly exercised his discretion in denying leave for the appellant to apply for an amendment to the care and protection order.
The appeal was dismissed, and the appellant was ordered to bear her own costs. The court found that it was not appropriate to make an "order otherwise" than that each party should bear its own costs pursuant to the Children and Young People Act 2008 (ACT) s 724. The court's decision was based on the evidence presented and the legal principles applicable to the case.
Orders
Orders of the court
The appeal is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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