TF v Director General, Community Services Directorate (No 2)

[2017] ACTCA 49

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › Competency of appeal
4. › Application to dismiss appeal as otiose
5. › Whether final orders superseding interim orders render appeal otiose
6. › Court Procedures Rules 2006 (ACT), r 5604(b)
7. › Supreme Court Act 1933 (ACT), s 37J
1. Children and Young People
2. › Care and protection
3. › Interim orders
4. › Appeal from interim orders
5. › Whether appeal rendered otiose by subsequent final orders

Quick Take

An appeal from interim care and protection orders will be dismissed as otiose where final orders have been made superseding the interim orders, and success in the appeal would have no practical or theoretical value.