Director-General, Family and Community Services re Felicity [2012] NSWCA 272

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Director-General, Family and Community Services re Felicity [2012] NSWCA 272 Hearing dates: 27 August 2012 Decision date: 27 August 2012 Before: Barrett JA Decision: 1. Order that the amended notice of appeal filed on 12 June 2012 be struck out in its entirety. 2. Order that the person named as appellant in the amended notice of appeal filed on 12 June 2012 pay the costs of the Director-General, Family and Community Services of the notice of motion determined by me today. [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: PROCEDURE - Court of Appeal - care proceedings in respect of child - orders made by President of Children's Court and in Equity Division of the Supreme Court - purported appeals against such orders - whether leave to appeal needed re Supreme Court orders - whether appeal against order made by President of Children's Court lies to Court of Appeal or Equity Division - all appeals struck out as incompetent Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, s 91 Children's Court Act 1967, ss 4, 13, 22A Children's Court Regulation 2009, Part 1, sch 8, reg 5 Civil Procedure Act 2005, ss 14, 56, 57, 58 Supreme Court Act 1970, ss 48, 63, 101(1)(a), 101(2), Uniform Civil Procedure Rules 2005, rr 51.10, 51.12 Cases Cited: GKD v Director General, Attorney General's Department [2012] NSWCA 219 Re DG and the Adoption Act 2000 [2007] NSWCA 241 Council of the Municipality of Woollahra v Sved [1998] NSWCA 63 Category: Interlocutory applications Parties: Mother - Appellant Director-General, Family and Community Services - First Respondent/Applicant Father - Second Respondent Representation: Mr G Potkonyak - Appellant Ms K Richardson - First Respondent (and mentions for Second Respondent) Ms M Neville - Independent Legal Representative of Child Capellia Legal - Appellant I V Knight, Crown Solicitor - First Respondent/Applicant File Number(s): 2012/152846