Y (a pseudonym) v The Secretary, Department of Communities and Justice (No 4) [2021] NSWDC 81

District Court New South Wales

Medium Neutral Citation: Y (a pseudonym) v The Secretary, Department of Communities and Justice (No 4) [2021] NSWDC 81 Hearing dates: 19 March 2021 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Civil Before: Judge Levy SC Decision: The appellant's two subpoenas issued on 8 March 2021 respectively requiring the Commissioner of Police and the Department of Home Affairs to produce documents, are each set aside. Catchwords: CHILD CARE APPEAL – application by the Secretary, Department of Communities and Justice to set aside appellant's subpoenas that seek production of documents – no legitimate forensic purpose identified – subpoenas oppressive and too wide – fishing – subpoenas set aside Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 94, s 105, Ch 8 Div 1A Pt 2 Uniform Civil Procedure Rules 2005, r 33.4(1), r 34.2(1) Cases Cited: Commissioner of Police v Hughes [2009] NSWCA 306 ICAP Australia Pty Ltd v BCG Partners (Australia) Pty Ltd [2009] NSWCA 307 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 Y v The Secretary, Department of Communities and Justice (No 3) [2021] NSWDC 19 Category: Procedural rulings Parties: Y (Appellant father) The Secretary, Department of Communities & Justice (First respondent) M (Second respondent mother) Ms D Clark, Solicitor (Direct Legal Representative of the child the subject of the appeal) Representation: Counsel: In person (Appellant) Mr M Anderson (First respondent) No appearance (M, the second respondent mother) Ms D Clark (Direct Legal Representative)