M v Director General, Department of Family and Community Services [2013] NSWCA 118

M v Director General, Department of Family and Community Services [2013] NSWCA 118

Applicant had not demonstrated real prospects of success in challenging the District Court orders or procedural fairness of those proceedings; interim injunctive relief not warranted. Application for referral to Pro Bono Panel refused as not in interests of administration of justice. Motion otherwise dismissed.

Jurisdiction
Australia
Judgment Date
01 May 2013
Procedural Posture
Motion Seeking Review and Interlocutory Relief / Interlocutory Application Before Full Court of Appeal
Outcome
Motion seeking review dismissed. Application for referral to Pro Bono Panel refused. Notice of motion otherwise dismissed. Summons directed to be listed with appropriate expedition.
Legal Topics
['supervisory Jurisdiction' 'injunctive Relief' 'parental Responsibility' 'referral to Pro Bono Panel']
['administrative Law' 'family Law' 'civil Procedure'] ['supervisory Jurisdiction' 'injunctive Relief' 'parental Responsibility' 'referral to Pro Bono Panel']

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Procedural Posture

Motion Seeking Review and Interlocutory Relief / Interlocutory Application Before Full Court of Appeal

Legal Issues

  1. 1 ['Whether interim injunctive relief should be granted to prevent removal of children to Adelaide' 'Whether review of the decision of Ward JA refusing interlocutory relief should be allowed' 'Whether the applicant should be referred to the Pro Bono Panel']

Ratio Decidendi

Applicant had not demonstrated real prospects of success in challenging the District Court orders or procedural fairness of those proceedings; interim injunctive relief not warranted. Application for referral to Pro Bono Panel refused as not in interests of administration of justice. Motion otherwise dismissed.

Court Disposition

Motion seeking review dismissed. Application for referral to Pro Bono Panel refused. Notice of motion otherwise dismissed. Summons directed to be listed with appropriate expedition.

Orders

  • ['Dismiss the motion seeking review of the decision of Ward JA of 29 April 2013 refusing interim injunctive relief.' 'Refuse the application for referral to the Pro Bono Panel.' 'Direct that the summons be listed with appropriate expedition.' "Otherwise dismiss the applicant's notice of motion filed 30 April 2013."]