Y v The Secretary, Department of Communities and Justice (No 2) [2020] NSWDC 762

District Court New South Wales

Medium Neutral Citation: Y v The Secretary, Department of Communities and Justice (No 2) [2020] NSWDC 762 Hearing dates: 10 and 15 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [62] for orders. Catchwords: CHILD CARE APPEAL – interlocutory application by appellant father seeking interim orders pending determination of his substantive appeal from the final orders made by the Children's Court allocating parental responsibility for his child to the Minister Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 99B(1), s 105 Cases Cited: Aon Risk Services Australia Limited Australian National University [2009] HCA 27 Y v The Secretary, Department of Communities and Justice [2020] NSWDC 674 Category: Procedural and other rulings Parties: Y (Applicant - father) M (Respondent - mother) The Secretary, Department of Communities & Justice (Respondent) Ms D Clark, Solicitor (Child's Direct Legal Representative) Representation: Counsel: Mr M Anderson (Respondent, The Secretary), and Ms L Spencer, Solicitor (10 and 15 December 2020)

Solicitors: In person (Applicant) M (Non-participant in the application) The Crown Solicitor (Respondent) Ms D Clark, Solicitor (Child's Direct Legal Representative) File Number(s): 2020/30525 Publication restriction: Non-publication order imposing restriction on publication of names and identifying details other than litigation pseudonyms: s 105 of the Children and Young Persons (Care and Protection) Act 1998 (NSW)