M v Director General, Department of Family and Community Services [2013] NSWCA 118

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: M v Director General, Department of Family and Community Services [2013] NSWCA 118 Hearing dates: 1 May 2013 Decision date: 01 May 2013 Before: Basten JA; Barrett JA; Bergin CJ in Eq Decision: 1. Dismiss the motion seeking review of the decision of Ward JA of 29 April 2013 refusing interim injunctive relief. 2. Refuse the application for referral to the Pro Bono Panel. 3. Direct that the summons be listed with appropriate expedition. 4. Otherwise dismiss the applicant's notice of motion filed 30 April 2013. [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: ADMINISTRATIVE LAW - application in supervisory jurisdiction - no challenge available to fact-finding - interlocutory relief - whether assertion that fact-finding erroneous available

FAMILY LAW - whether injunctive relief to maintain status quo of children appropriate - where District Court ordered removal of children - where challenge to District Court decision undetermined - whether real prospect of setting aside judgment below - whether removal of children would disrupt settled arrangement

PROCEDURE - civil - interlocutory issues - injunction - whether injunctive relief should be granted to prevent applicant's children being removed to Adelaide -application already dealt with by single judge of the Court - where District Court order granted parental responsibility to children's father - where applicant's challenge to District Court decision undetermined - whether factual matters in original orders can be reagitated on application for interlocutory relief