Director-General Family and Community Services re Felicity

[2012] NSWCA 272

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Court of Appeal
4. › Leave to appeal
5. › Monetary threshold
6. › Whether absence of monetary value in subject matter displaces requirement for leave
7. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Practice and Procedure
2. › Appeals
3. › Court of Appeal
4. › Leave to appeal
5. › Whether overriding purpose provisions of Civil Procedure Act displace leave requirement
6. › Civil Procedure Act 2005 (NSW), ss 56, 57, 58
7. › Supreme Court Act 1970 (NSW), s 101(2)
1. Practice and Procedure
2. › Appeals
3. › Jurisdiction
4. › Court of Appeal
5. › Assignment of proceedings
6. › Whether Presidential Children's Court is a 'specified tribunal'
7. › Whether appeal from Presidential Children's Court lies to Court of Appeal or Equity Division
8. › Supreme Court Act 1970 (NSW), s 48(1)(a), s 48(2)(f)
9. › Children's Court Act 1987 (NSW), s 22A
1. Practice and Procedure
2. › Appeals
3. › Court of Appeal
4. › Striking out notice of appeal
5. › Appeal incompetent where leave required but not sought
6. › Supreme Court Act 1970 (NSW), s 101(2)(c), (r)

Quick Take

Appeals from the Presidential Children's Court (the Children's Court constituted by its President, a District Court judge) under s 91 of the Children and Young Persons (Care and Protection) Act 1998, as affected by s 22A of the Children's Court Act 1987, lie to the Equity Division of the Supreme Court, not the Court of Appeal. The Presidential Children's Court is not a 'specified tribunal' under s 48(1)(a) of the Supreme Court Act 1970 (NSW). The overriding purpose provisions of the Civil Procedure Act 2005 (NSW) do not displace the requirement for leave to appeal under s 101(2) of the Supreme Court Act.