In care and protection appeals, procedural irregularities regarding the constitution of proceedings — including whether children who were parties below have been properly joined as respondents to the appeal — should be resolved before applications to excuse the children's representative are determined. Under r 5404(1) of the Court Procedures Rules 2006 (ACT), parties to the proceeding below who are directly affected by the order sought must be joined as appellants or respondents to the appeal.
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