RC v Director-General, Department of Family and Community Services [2014] NSWCA 36

RC v Director-General, Department of Family and Community Services [2014] NSWCA 36

The Supreme Court has no jurisdiction to hear appeals from the District Court made under s 91 of the Children and Young Persons (Care and Protection) Act 1998. Accordingly, the appeal is incompetent and must be dismissed.

Jurisdiction
Australia
Judgment Date
07 March 2014
Procedural Posture
Appeal / Decision on Competence of Appeal
Outcome
Appeal dismissed as incompetent
Legal Topics
['right to Appeal' 'jurisdiction of Appeal' 'children and Young Persons (care and Protection) Act 1998']
['civil Procedure'] ['right to Appeal' 'jurisdiction of Appeal' 'children and Young Persons (care and Protection) Act 1998']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Decision on Competence of Appeal

Legal Issues

  1. 1 ['Whether there is a right to appeal to the Supreme Court from orders of the District Court made under s 91 of the Children and Young Persons (Care and Protection) Act 1998']

Ratio Decidendi

The Supreme Court has no jurisdiction to hear appeals from the District Court made under s 91 of the Children and Young Persons (Care and Protection) Act 1998. Accordingly, the appeal is incompetent and must be dismissed.

Court Disposition

Appeal dismissed as incompetent

Orders

  • ['The proceedings be dismissed.']