Where there is uncertainty about the constitution of proceedings and apparent procedural irregularities in the joinder of parties to an appeal, it is not appropriate to excuse a party or representative from attending the proceedings until those irregularities are resolved.
Mossop J
In care and protection appeals, a court may decline to excuse a children's representative from proceedings where there are unresolved procedural irregularities regarding the constitution of the appeal, including uncertainty about whether the children have been properly joined as parties under r 5404(1) of the Court Procedures Rules 2006 (ACT).
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Cases considered by ZA v Director-General, Community Services Directorate (No 3)