ML v Director of Family Services [1999] FCA 303

FEDERAL COURT OF AUSTRALIA ML v Director Of Family Services [1999] FCA 303 FAMILY LAW AND CHILD WELFARE – stay of proceedings – abuse of process – fresh application for declaration that child is in need of care after expiry of original term – best interests of the child – Children's Services Act 1986 (ACT), ss 5, 78, 80(4). Children's Services Act 1986 (ACT), ss 5, 78, 80(4), 81(1) Magistrates Court (Civil Jurisdiction) Act 1982 (ACT), ss 22, 192 Family Law Act 1975 (Cth), s 93A(2)

Grassby v The Queen (1989) 168 CLR 1 referred to Jago v The District Court of New South Wales and Others (1989) 168 CLR 23 considered House v The King (1936) 55 CLR 499 referred to L v Director of Family Services (1997) 22 Fam L R 275 considered Walton v Gardiner (1993) 177 CLR 378 considered CDJ v VAJ [1998] HCA 67 applied Report of the Australian Law Reform Commission on Child Welfare in the ACT (ALRC 18) ML v DIRECTOR OF FAMILY SERVICES AND MM AND MJ A 6 of 1999 MILES, MATHEWS AND LEHANE JJ CANBERRA 25 March 1999

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA ) ) No A 6 of 1999 CANBERRA DISTRICT REGISTRY ) ) GENERAL DIVISION ) ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: ML APPELLANT AND: DIRECTOR OF FAMILY SERVICES FIRST RESPONDENT AND: MM SECOND RESPONDENT AND: MJ THIRD RESPONDENT JUDGES: MILES, MATHEWS AND LEHANE JJ DATE: 25 MARCH 1999 PLACE: CANBERRA MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA ) ) No A 6 of 1999 CANBERRA DISTRICT REGISTRY ) ) GENERAL DIVISION ) ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: ML APPELLANT AND: DIRECTOR OF FAMILY SERVICES FIRST RESPONDENT AND: MM SECOND RESPONDENT AND: MJ THIRD RESPONDENT JUDGES: MILES, MATHEWS AND LEHANE JJ DATE: 25 MARCH 1999 PLACE: CANBERRA REASONS FOR JUDGMENT THE COURT: