Department of Communities (Child Safety Services) v CAR & Anor

[2010] QCA 105

Queensland Court of Appeal

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Interrogate

Catchwords

1. Family Law and Child Welfare
2. › Child welfare under State legislation
3. › Children in need of protection
4. › Proceedings relating to care and protection
5. › Appeals
6. › Whether appeal lies from Childrens Court constituted by District Court Judge to Court of Appeal
7. › Whether Child Protection Act contemplates only one level of appeal
8. › Child Protection Act 1999 (Qld), ss 28, 29, 54, 67, 68, 99
9. › District Court of Queensland Act 1967 (Qld), s 118
1. Appeal
2. › Competency
3. › Consent orders
4. › Whether appeal lies from consent orders
1. Appeal
2. › Competency
3. › Futility
4. › Whether appeal against interlocutory orders is futile where underlying proceedings have been abandoned and overtaken by events

Quick Take

Under the Child Protection Act 1999 (Qld), only one level of appeal is available from the Childrens Court constituted by a Magistrate to the Childrens Court constituted by a District Court Judge; no further appeal lies to the Court of Appeal, and s 118 of the District Court of Queensland Act 1967 (Qld) does not provide an alternative avenue. No appeal lies from consent orders.