M v Department of Communities and Justice; M v Family and Community Services [2023] NSWDC 485

M v Department of Communities and Justice; M v Family and Community Services [2023] NSWDC 485

The Court declined to extend time to appeal as the plaintiff failed to demonstrate a significant change in any relevant circumstances since the earlier orders, did not provide a satisfactory explanation for delay, failed to advance evidence of an arguable appeal, and extension would prejudice the child and run contrary to her best interests.

Jurisdiction
Australia
Judgment Date
23 October 2023
Procedural Posture
Civil / Application for Extension of Time to Appeal (leave to Appeal)
Outcome
Application for extension of time to appeal dismissed
Legal Topics
['extension of Time to Appeal' 'variation and Rescission of Care Orders' 'prohibition Orders' "child's Best Interests"]
['child Care and Protection' 'appellate Procedure'] ['extension of Time to Appeal' 'variation and Rescission of Care Orders' 'prohibition Orders' "child's Best Interests"]

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Procedural Posture

Civil / Application for Extension of Time to Appeal (leave to Appeal)

Legal Issues

  1. 1 ["Whether the plaintiff should be granted an extension of time to appeal orders of the Children's Court under ss 90 and 90A of the Children and Young Persons (Care and Protection) Act 1998 (NSW)" "Whether the plaintiff's delay in appealing was adequately explained" 'Whether the plaintiff has a fairly arguable appeal' "Whether extending time to appeal would be prejudicial to the child or contrary to the child's best interests"]

Ratio Decidendi

The Court declined to extend time to appeal as the plaintiff failed to demonstrate a significant change in any relevant circumstances since the earlier orders, did not provide a satisfactory explanation for delay, failed to advance evidence of an arguable appeal, and extension would prejudice the child and run contrary to her best interests.

Court Disposition

Application for extension of time to appeal dismissed

Orders

  • ['The summons for leave to appeal filed 20 August 2023, and amended summons for leave to appeal filed 18 August 2023, are dismissed.']