DB v The Secretary, Department of Family and Community Services [2016] NSWCA 63

DB v The Secretary, Department of Family and Community Services [2016] NSWCA 63

Absent reasons for the challenged orders or evidence of error by Lindsay J, and given that the Department was continuing to fund Madison’s psychologist as sought, there was no utility in granting leave to appeal. The applicant could not establish relevant error justifying setting aside the orders.

Parties
Applicant: DB; First Respondent: The Secretary, Department of Family and Community Services; Second Respondent: Minister of Family and Community Services; Third Respondent: Children's Court of NSW, Bidura; Fourth Respondent: Madison
Jurisdiction
Australia
Judgment Date
06 April 2016
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal
Outcome
Leave to appeal refused; application dismissed; extension of time granted
Legal Topics
Leave to Appeal, Orders Made Without Reasons, Parens Patriae Jurisdiction, Funding for Child Treatment, Undertakings in Care Plans
Civil Procedure Child Welfare Law Leave to Appeal Orders Made Without Reasons Parens Patriae Jurisdiction Funding for Child Treatment Undertakings in Care Plans

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Parties

DB

Applicant

The Secretary, Department of Family and Community Services

First Respondent

Minister of Family and Community Services

Second Respondent

Children's Court of NSW, Bidura

Third Respondent

Madison

Fourth Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from orders made without reasons
  2. 2 Whether orders sought have utility
  3. 3 Whether the Court should make orders for financial assistance for a child post-finalisation of Children's Court proceedings

Ratio Decidendi

Absent reasons for the challenged orders or evidence of error by Lindsay J, and given that the Department was continuing to fund Madison’s psychologist as sought, there was no utility in granting leave to appeal. The applicant could not establish relevant error justifying setting aside the orders.

Court Disposition

Leave to appeal refused; application dismissed; extension of time granted

Orders

  • Extend the time to seek leave to appeal to and including 11 December 2015.
  • Dismiss the application for leave to appeal.