Gsa v Chief Executive Officer, Department of Communities

• 1. Appeal
  2. › Interlocutory applications in appeal
  3. › Application to adduce additional evidence
  4. › Application to issue witness summonses to produce documents
  5. › Application for court-ordered independent assessment
  6. › Whether applications had proper basis consistent with appellate function
  7. › Criminal Appeals Act 2004 (WA), pt 2
• 1. Appeal
  2. › Function of appellate court
  3. › Court of Appeal not a trial court or commission of inquiry
  4. › Role limited to discernment of legal or factual error or miscarriage of justice
  5. › Powers to admit additional evidence and issue summonses must be exercised judicially in support of appellate function
• 1. Children's Law
  2. › Protection orders
  3. › Children and Community Services Act 2004 (WA)
  4. › Child in need of protection
  5. › Emotional abuse
  6. › Risk of future emotional harm from exposure to parent's unfounded beliefs about sexual abuse
  7. › Children and Community Services Act 2004 (WA), s 28(2)(c)(iii), s 54
• 1. Practice and Procedure
  2. › Vexatious applications
  3. › Self-represented litigant filing multiple meritless applications
  4. › Warning of possible order restricting filing without leave
  5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(kb)(i)

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