RC v Director-General, Department of Family and Community Services [2014] NSWCA 36

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: RC v Director-General, Department of Family and Community Services [2014] NSWCA 36 Hearing dates: 9 December 2013 Decision date: 07 March 2014 Before: McColl JA Emmett JA Sackville AJA Decision: The proceedings be dismissed. [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 - judgments and orders - right to appeal - whether notice of appeal competent Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 91 Supreme Court Act 1970 (NSW), s 69 Category: Principal judgment Parties: RC (Appellant) The Director General, Department of Family and Community Services (First Respondent) District Court of New South Wales (Second Respondent) JS (Third Respondent) L Miller (as independent legal representative for Child C) (Fourth Respondent) Representation: Counsel:

Appellant (self-represented) J Harris (First Respondent) L Miller (Fourth Respondent) Solicitors:

Unrepresented, litigant in person (Appellant) IV Knight, Crown Solicitor, Crown Solicitor's Office (First Respondent) (Submitted appearance) (Second Respondent) No appearance (Third Respondent) L Miller (Fourth Respondent) File Number(s): 2013/206766 Decision under appeal Date of Decision: 2013-07-05 00:00:00 Before: Balla DCJ File Number(s): 2012/324025