CAC v The Secretary, Department of Family and Community Services [2015] NSWCA 105

APPEAL – application for leave to appeal – parens patriae jurisdiction of Supreme Court unsuccessfully invoked – earlier interim care order made by Children’s Court – no available statutory appeal from that order –change in circumstances since application for leave filed – final findings made by Children’s Court as to need for protection – no utility in allowing leave to appeal.

CHILD WELFARE – interim care order by Children’s Court – parens patriae jurisdiction of Supreme Court invoked – whether Children’s Court proper forum to determine best interests of children.

Children and Young Persons (Care and Protection) Act 1998(NSW), ss 9(1), 43(1), 45, 71, 72, 247.
Civil Procedure Act 2005 (NSW), ss 56, 71.
Court Suppression & Non-publication Orders Act 2010 (NSW), s 7.
Supreme Court Act 1970 (NSW), ss 69, 101.

CAC v The Secretary, Department of Family and Community Services [2015] NSWCA 105 (24 April 2015).