An appeal to the Childrens Court constituted by a District Court judge from a Magistrate's decision on temporary custody under the Child Protection Act 1999 (Qld) cannot be heard and determined ex parte without notice to the parents; the Act contains no provision displacing the fundamental requirement of natural justice that parties be heard. Where an appeal is determined without notice, it does not constitute an effective appeal for the purposes of the one-level-of-appeal principle, and the resulting orders are amenable to appeal to the Court of Appeal under s 117(2). However, urgent ex parte interim orders preserving the status quo may be justified where the evidence supports a risk to the child's welfare.
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