Y v The Secretary, Department of Communities and Justice (No 3) [2021] NSWDC 19

District Court New South Wales

Medium Neutral Citation: Y v The Secretary, Department of Communities and Justice (No 3) [2021] NSWDC 19 Hearing dates: 11 January, 5 & 9 February 2021 Date of orders: 18 February 2021 Decision date: 18 February 2021 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [21] for orders. Catchwords: CHILD CARE APPEAL – interlocutory application by the Secretary, Department of Communities and Justice to set aside a subpoena issued by the appellant Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 29, s 88 Uniform Civil Procedure Rules 2005, r 33.4 Cases Cited: Commissioner of Police v Hughes [2009] NSWCA 306 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 The Application of the Attorney General for New South Wales dated 4 April 2014 [2014] NSWCCA 251 Y v The Secretary, Department of Communities and Justice [2020] NSWDC 674 Y v The Secretary, Department of Communities and Justice (No 2) [2020] NSWDC 762 Category: Consequential orders Parties: Y (Appellant - father) The Secretary, Department of Communities & Justice (First respondent/applicant) M (Second respondent - mother) Ms D Clark, Solicitor (Direct Legal Representative of the child the subject of the appeal) Representation: Counsel: Ms L Spencer (Solicitor for the first respondent/applicant, the Secretary)

Solicitors: In person (Appellant) The Crown Solicitor (First respondent/applicant the Secretary) Ms D Clark (Direct Legal Representative of the child the subject of the appeal) 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)