Re M (No 8) [2016] NSWSC 641

Re M (No 8) [2016] NSWSC 641

The court extended the time for BM to file her summons but dismissed the remainder of her application because she failed to show a likelihood of altered conduct that would justify granting leave to apply for rescission or variation of care orders; thus, no arguable case was established for further relief.

Jurisdiction
Australia
Judgment Date
18 May 2016
Procedural Posture
Application/appeal / Final Orders After Principal Judgment
Outcome
Time for filing the summons was extended; all other claims dismissed.
Legal Topics
['extension of Time' 'leave to Appeal' 'care Orders' 'variation or Rescission of Care Orders']
['civil Procedure' 'children Law'] ['extension of Time' 'leave to Appeal' 'care Orders' 'variation or Rescission of Care Orders']

Case Brief

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Procedural Posture

Application/appeal / Final Orders After Principal Judgment

Legal Issues

  1. 1 ['Whether to extend time for filing summons for leave to appeal under Children and Young Persons (Care and Protection) Act 1998 (NSW) s 91' 'Whether leave should be granted to apply to rescind or vary care orders under s 90 of the Care Act, particularly regarding access to children']

Ratio Decidendi

The court extended the time for BM to file her summons but dismissed the remainder of her application because she failed to show a likelihood of altered conduct that would justify granting leave to apply for rescission or variation of care orders; thus, no arguable case was established for further relief.

Court Disposition

Time for filing the summons was extended; all other claims dismissed.

Orders

  • ['Extend, pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 50.3(1)(c), the time for the plaintiff to file the summons in these proceedings to 15 December 2014' "Claims for relief in the plaintiff's summons are otherwise dismissed"]