X v Director-General of the Department of Community Services [2001] NSWCA 413

X v Director-General of the Department of Community Services [2001] NSWCA 413

The Court of Appeal has no jurisdiction to hear an appeal from the District Court in the present statutory context; the right to appeal does not arise under s 127 of the District Court Act 1973 (NSW) for statutory appeals provided in s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW).

Jurisdiction
Australia
Judgment Date
19 November 2001
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; orders made for procedure in the Common Law Division of the Supreme Court.
Legal Topics
['jurisdiction of Appellate Courts' 'appeal Rights Under Child Protection Statutes']
['child Welfare' 'administrative Law'] ['jurisdiction of Appellate Courts' 'appeal Rights Under Child Protection Statutes']

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the Court of Appeal has jurisdiction to hear an appeal from the District Court under s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW)' 'Alternative bases for jurisdiction under s 247 of the 1998 Act and s 109 of the Justices Act 1902 (NSW)']

Ratio Decidendi

The Court of Appeal has no jurisdiction to hear an appeal from the District Court in the present statutory context; the right to appeal does not arise under s 127 of the District Court Act 1973 (NSW) for statutory appeals provided in s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW).

Court Disposition

Appeal dismissed; orders made for procedure in the Common Law Division of the Supreme Court.

Orders

  • ['Director-General of the Department of Community Services designated as claimant/respondent.' 'Appeal dismissed; Notice of Appeal to be treated as if it were a summons in the Common Law Division of the Supreme Court.' 'Opponent to file an amended document before 3 December 2001 seeking prerogative or other relief...