Cousins v HAL and LY

[2008] QCA 49

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › Statutory right of appeal
4. › Construction of appellate provisions
5. › Whether appeal lies from interlocutory or appellate decision of Childrens Court to Court of Appeal
6. › Child Protection Act 1999 (Qld), s 117(2)
1. Practice and Procedure
2. › Courts
3. › Identity of courts
4. › Whether Childrens Court constituted by District Court Judge is 'the District Court'
5. › Whether appeal lies under District Court of Queensland Act 1967 (Qld), s 118(3)
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Inferior courts
5. › Whether failure to take into account relevant considerations constitutes jurisdictional error
6. › Whether findings on stay application amounted to denial of prospects of success on appeal
7. › Judicial Review Act 1991 (Qld)
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether misconceived application for want of jurisdiction warrants indemnity costs order

Quick Take

There is no right of appeal to the Court of Appeal from a decision of the Childrens Court constituted by a District Court Judge, whether under s 117(2) of the Child Protection Act 1999 (Qld) or s 118(3) of the District Court of Queensland Act 1967 (Qld). The Childrens Court is a separate court from the District Court notwithstanding that it may be constituted by a District Court Judge. Parties dissatisfied with decisions of the Childrens Court constituted by a Judge must seek relief by way of judicial review rather than appeal.