PAV v Director of Child Protection Litigation

[2016] QCA 234

Queensland Court of Appeal

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Catchwords

1. Child protection
2. › Appeals
3. › Appellate court — definition under Child Protection Act 1999 (Qld)
1. Child protection
2. › Temporary custody orders
3. › Appeal from appellate decision of Childrens Court constituted by judge
1. Courts and jurisdiction
2. › Court of Appeal
3. › Jurisdiction — no appeal from Childrens Court exercising appellate jurisdiction
1. Courts and jurisdiction
2. › Childrens Court
3. › Distinction from District Court

Quick Take

The Court of Appeal held it had no jurisdiction to hear an appeal from, or grant a stay of, orders made by the Childrens Court constituted by a judge exercising appellate jurisdiction under s 117 of the Child Protection Act 1999 (Qld). The definition of 'appellate court' in Schedule 3 paragraph (a)(1) — which routes appeals from the Childrens Court constituted by a judge to the Court of Appeal — applies only to original decisions of that court, not decisions made in the exercise of its appellate jurisdiction. Additionally, s 118(3) of the District Court of Queensland Act 1967 does not provide an alternative appeal pathway because the Childrens Court is a distinct court from the District Court, notwithstanding that it may be constituted by a District Court judge.