GKD v Director-General, Attorney General's Department; GKD v Director-General, Department of Family and Community Services [2012] NSWCA 219

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GKD v Director-General, Attorney General's Department; GKD v Director-General, Department of Family and Community Services [2012] NSWCA 219 Hearing dates: 13 July 2012 Decision date: 13 July 2012 Before: Campbell JA at [1], [13] Meagher JA at [12], [17] Decision: (1) Strike out as incompetent the notice of appeal filed 14 February 2012. (2) Dismiss the application for leave to appeal filed 24 April 2012. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADOPTION - adoption with consent of adoptee - appeal against - appeal against adoption of teenage daughter by foster family brought by her natural father - no appeal as of right against an adoption order - leave must be sought

APPEAL - leave to appeal - where no error of primary judge identified in documents or submissions - leave refused Legislation Cited: Supreme Court Act 1970 Cases Cited: Director General, Department of Family and Community Services v GKD [2012] NSWSC 14 Re DG and the Adoption Act (2007) 244 ALR 195 Category: Principal judgment Parties: GKD (Applicant in both matters) Director-General, Attorney General's Department (Respondent in 2012/130120) Director-General, Department of Family and Community Services (Respondent in 2012/48605) Representation: Counsel: Self-represented (Applicant) M Neville (Respondents) Solicitors: Self-represented (Applicant) Crown Solicitor's Office (Respondents) File Number(s): 2012/130120; 2012/48605 Decision under appeal Jurisdiction: 9111 Citation: Director-General, Department of Family & Community Services v GKD [2012] NSWSC 14 Director-General Department of Family and Community Services v GKD [2011] NSWSC 1637 Date of Decision: 2012-01-16 00:00:00 Before: Brereton J File Number(s): A143/2011