Memo · Child Protection & Care Proceedings
Appeal against a final care order: section 91 checklist and time-limit diary (NSW)
Note of what section 91 allows on an appeal to the District Court from a non-interim Children's Court care order, and a diary entry for the time limit once the District Court rules have been opened.
- Kind
- Memo. An internal or advice memo.
- Where it applies
- Australia, New South Wales
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a party is dissatisfied with a Children's Court order other than an interim order. Diary the time limit from the current District Court rules the same day. Section 91 does not state a number of days.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may record the order date and list the subsection 91 features. It must not insert a number of days for the appeal.
AI may
- Record the date and terms of the order from the sealed copy
- List the s 91 subsections as a checklist with blanks
- Leave the time-limit row empty until the lawyer has named the rule
AI must not
- Must not state a time limit in days
- Must not advise whether the appeal has prospects or draft the notice of appeal
- Must not describe the District Court rules
The lawyer checks
- The order appealed from is not an interim order. Section 91(1) excludes interim orders
- The time limit is taken from the District Court rules current on the day, and the rule number and the date it was read are written on the file
- The client is told that the order continues to operate unless the District Court makes an interlocutory order
- The appeal is a new hearing, so the evidence to be called, including any fresh evidence, is planned. The Children's Court transcript is not assumed to be enough
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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