MJL v Chief Executive Officer of the Department for Child Protection

[2010] WASCA 69

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Whether grounds of appeal have reasonable prospect of succeeding
5. › Failure to identify error
6. › Children's Court of Western Australia Act 1988 (WA), s 43(7)
1. Children and Young People
2. › Protection and care proceedings
3. › Withdrawal of protection application
4. › Application to dismiss proceedings as frivolous or vexatious
5. › Children and Community Services Act 2004 (WA), s 155
1. Practice and Procedure
2. › Appeals
3. › Grounds of appeal
4. › Requirement to identify error
5. › Prolixity of grounds
6. › Self-represented litigant
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 32(4), r 43(2)(f)

Quick Take

The 'reasonable prospect of succeeding' test in the Supreme Court (Court of Appeal) Rules 2005 (WA) applies to appeals under s 43 of the Children's Court of Western Australia Act 1988 and is to be construed consistently with the same phrase in s 27(2) of the Criminal Appeals Act 2004 (WA). Grounds of appeal that are discursive and fail to identify error will not satisfy the test for leave to appeal from interlocutory decisions.