JH v The Secretary, Department of Communities and Justice & Ors [2023] NSWDC 30

JH v The Secretary, Department of Communities and Justice & Ors [2023] NSWDC 30

The application for a stay was refused because no irreparable harm to JH or the children was demonstrated, the strength of appeal grounds was at most arguable, the status quo would not adversely affect the conduct of the appeal, and the application was futile given existing interim orders and findings were not amenable to a stay.

Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Appeal From Children's Court Decision / Application for Stay Pending Appeal
Outcome
application for stay dismissed
Legal Topics
['stay of Proceedings' 'appeals' 'parental Responsibility' 'contact Arrangements']
['child Protection' 'civil Procedure'] ['stay of Proceedings' 'appeals' 'parental Responsibility' 'contact Arrangements']

Case Brief

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Procedural Posture

Appeal From Children's Court Decision / Application for Stay Pending Appeal

Legal Issues

  1. 1 ["Whether a stay should be granted pending appeal of Children's Court orders allocating parental responsibility and restricting contact" "Whether findings of 'no realistic possibility of restoration' are amenable to a stay"]

Ratio Decidendi

The application for a stay was refused because no irreparable harm to JH or the children was demonstrated, the strength of appeal grounds was at most arguable, the status quo would not adversely affect the conduct of the appeal, and the application was futile given existing interim orders and findings were not amenable to a stay.

Court Disposition

application for stay dismissed

Orders

  • ["The applicant's notice of motion filed 13 December 2022 is dismissed." 'No order as to costs.' 'Notation for case management: Parties should assist the Court to bring the hearing of the appeal with expedition at the next occasion.']