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- CAR v Department of Child Safety[2010] QCA 165
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CAR v Department of Child Safety[2010] QCA 165
CAR v Department of Child Safety[2010] QCA 165
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | DC No 631 of 2010 |
Court of Appeal | |
PROCEEDING: | Mention |
ORIGINATING COURT: | |
DELIVERED ON: | Orders delivered ex tempore on 18 June 2010 Further order and reasons delivered on 25 June 2010 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 18 June 2010 |
JUDGES: | McMurdo P, Chesterman JA and Atkinson J |
ORDERS: | Delivered ex tempore 18 June 2010 1. Application for leave to appeal is struck out. Delivered 25 June 2010 2. The Court directs the Senior Deputy Registrar (Appeals) not to accept any application for leave to appeal or notice of appeal from the applicants in relation to the orders of his Honour Judge Shanahan made in the Childrens Court of Queensland on 6 May 2010. |
CATCHWORDS: | FAMILY LAW AND CHILD WELFARE – CHILD WELFARE UNDER STATE LEGISLATION – CHILDREN IN NEED OF PROTECTION – PROCEEDINGS RELATING TO CARE AND PROTECTION – APPLICATIONS – Childrens Court constituted by a magistrate made orders ending Chief Executive of respondent Department's interim entitlement to custody of child KVS – respondent Department appealed magistrate's orders then filed notice of discontinuance – applicants did not consent to discontinuance – Childrens Court constituted by a District Court judge struck out respondent Department's appeal making no order as to costs – whether applicants can appeal to this Court Child Protection Act 1999 (Qld), s 117(2) CAO v Dept of Child Safety & Ors [2009] QCA 169, followed CAR & Anor v Department of Child Safety [2010] QCA 27, cited Dept of Communities (Child Safety Services) v CAR & Anor [2010] QCA 105, cited KAA & Anor v Schemioneck & Anor (No 2) [2007] QCA 449, followed SBD v Chief Executive, Department of Child Safety [2008] 1Qd R 474; [2007] QCA 318, followed |
COUNSEL: | The applicants appeared on their own behalf J W Selfridge for the respondent |
SOLICITORS: | The applicants appeared on their own behalf Court Services Unit, Department of Communities (Child Safety Services) acting as agent for Crown Solicitors Office for the respondent |
[1] THE COURT: The applicants, CAR and CAS, filed an application in the registry of this Court on 3 June 2010 seeking leave to appeal from orders made by his Honour Judge Shanahan in the Childrens Court of Queensland on 6 May 2010. Judge Shanahan struck out an appeal brought by the respondent to the present application, the Department of Child Safety, and, as the applicants were self-represented, his Honour made no order as to costs. On 18 June 2010, this Court struck out that application, indicating it would publish its reasons for doing so later. These are those reasons.
[2] It is immediately apparent that this application is irregular as the orders from which the applicants seek leave to appeal were orders which favoured them so that any appeal would be nonsensical. But the application is misconceived for another reason. As we shall explain shortly, there is no right of appeal from Judge Shanahan's orders. That is why the registry staff referred the application to this Court for directions as to how to deal with it. Accordingly, this Court directed the registry to inform the parties that the matter would be listed for mention on 18 June 2010. The registry emailed the respondent Department and sent a letter by express post to the applicants on 10 June 2010 informing them of the mention.
[3] On 17 June 2010, the applicants informed the registry by telephone that, due to financial difficulties and illnesses, they would not be attending the court hearing on 18 June 2010. They requested that the matter be delisted. The Court did not accede to their request. The registry staff suggested that the applicants appear by telephone. The applicants reluctantly agreed to that suggestion, but later telephoned the registry and stated that they could not appear by telephone because they would not be able to hear the judges. They again requested the matter be delisted. Their request was again denied. Under protest, they ultimately agreed to appear by telephone. At the hearing, they challenged the right of this Court to bring the matter on before it and argued that each member of the Court should not sit on any hearing of their application.
[4] No member of the Court considered that there was any reason to require recusal.
[5] The applicants were informed of the hearing on 18 June 2010 well in advance. The fundamental difficulties with the application mean that the applicants will not be assisted by any adjournment of it. For reasons which we shall explain, the interests of justice require that the application be struck out at this preliminary stage, before the community, through the courts, and the respondent Department are put to any further pointless expense in respect of it. For those reasons, the applicants' request for an adjournment was refused.
[6] The applicants in their application for leave to appeal ask for the following orders:
"(1)Apply for a leave to appeal.
(2)This Court to make further evidence available and allow to be produced as if denied, such new and fresh evidence would have a catastrophic effect upon the Appellants' case.
(3)This Court to order the Orders and transcripts and decision by Judge Shanahan DCJ.
(4)Judge Shanahan DCJ orders to be set aside.
(5)This Court to overrule 6 May 2010; set aside orders. Appellants to use further evidence that is new and fresh.
(6)Appeal to be allowed.
(7)Appellants request Magistrate Criland unlawful and illegal orders 9 April 2010 below be stayed pending the determination of the Appeal.
(8)Permanent custody of the child ([KVS]) to be granted to the Appellants; immediately.
(9) Appellants' additional new and fresh evidence to be allowed.
(10)Decision of Magistrate Ryan to be restored.
(11)Decision of Department of Child Safety to be overturned; all.
(12)Stay of the decision of Judge Shanahan DCJ.
(13)As stipulated in the Child Safety Act the family meeting and court ordered conference to be held.
(14)All Court Orders and initial complaints for these matters pertinent to the Appellants' case to be allowed.
(15)All complaints initiating the Department of Child Safety intervention and litigation to be produced from Western Australia, South Australia and Queensland.
(16)All paperwork, documents, affidavits, letters and exhibit material filed in the Courts by the Appellants and Respondent before Magistrate Ryan in the revocation be produced and allowed due to the nature of it being new and fresh evidence.
(17)All orders, transcripts, documents and material pertaining to the Appellants' four biological childrens' child protection matters in Western Australia, South Australia and Queensland be produced and allowed due to the nature of it being fresh and new evidence.
(18)All material relevant to the Appellants' matters in Western Australia, South Australia and Queensland to be allowed.
(19)All witnesses provide evidence in person or video link-up instead of by telephone.
(20)All excerpts, quotes, references and statements from all transcripts to be allowed.
(21)All parties be present ie. Magistrate Ryan, Judge Shanhan and Dick DCJ, Department of Child Safety (Toowoomba North).
(22)All Appellants' letters of complaint to various bodies and agencies and their subsequent replies to be allowed.
(23)Voluntary tape recordings 26 February 2010 before Judge Dick and photographs as evidentiary material and new and fresh evidence to be allowed.
(24)Untranscribed recordings of all hearings including mentions and unrevised transcripts of prior proceedings pertaining to this matter and other matters to be allowed.
(25)Open Court to be allowed.
(26)Support people to be allowed.
(27)Absolute independent body to be appointed to monitor the Appellants' care of the child [KVS]; to dissolve any concerns of the Court and the Department of Child Safety (Toowoomba North).
(28)The Department of Child Safety (Toowoomba North) and Judge Shanahan DCJ to reimburse the Appellants for all legal costs related to the child's ([KVS]) child protection matter.
#The Department of Child Safety (Crown) and Judge Shanahan DCJ pay all the C and CAS, the Appellants
We request further costs for damage pertaining pain and suffering; yet to be decided. However the true ongoing costs are yet to be determined upon legal advice.
and
Such further orders and directions as should be necessary to give effect of the decision of this Honourable Court."