The case applies the established multi-factor test for leave to appeal out of time in the ACT Court of Appeal, confirming that an appeal from interim care and protection orders may be refused as futile where the orders have been superseded by subsequent consent orders. The appropriate course for parents seeking to challenge interim orders on the basis of fresh evidence is to apply to the Children's Court for revocation or amendment under s 435 of the Children and Young People Act 2008 (ACT), rather than pursuing an appeal.
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