Y v The Secretary, Department of Communities and Justice (No 6) [2021] NSWDC 392

District Court New South Wales

Medium Neutral Citation: Y v The Secretary, Department of Communities and Justice (No 6) [2021] NSWDC 392 Hearing dates: 26, 27, 28, 29, 30 October 2020; 2, 3, 4, 5, 6, 13 November; 2, 10, 15, 18 December 2020; 11 January; 5, 9, 18 February; 19, 31 March; 9 April; 24, 25, 26, 27, 28 May; 1, 2, 3, 4, 7, 9, 10, 11 June; 2 and 16 July 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [955] for orders. Catchwords: CHILD CARE APPEAL – re-hearing of Children's Court proceedings pursuant to s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) – self-represented appellant father sought restoration of his child into his parental care following removal on account of his violent injurious behaviour – bizarre litigation conduct by appellant – finding of parental unfitness – appeal dismissed – orders of the Children's Court confirmed; PRACTICE & PROCEDURE – disrespectful behaviour of appellant in Court – referral of the papers to the Attorney-General for consideration of appellant's disrespectful behaviour in Court: s 200A of the District Court Act 1973 (NSW); COSTS – application by the Secretary, Department of Communities and Justice for substantial compensatory costs against the appellant pursuant to s 88 of the Children and Young Persons (Care and Protection) Act 1998 claiming exceptional circumstances – separate determination of that question is required after hearing the parties Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 9, s 65, s 71, s 88, s 91, s 93, s 94, s 96, s 99, s 105 Civil Procedure Act 2005 (NSW), s 56, s 57, s 58 Court Security Act 2005 (NSW), s 9 Crimes Act 1900 (NSW), s 59 Crimes Administration of Sentence Act 1999 (NSW), s 82A Crimes (Domestic and Personal Violence) Act 2007 (NSW) District Court Act 1973 (NSW), s 200A Practice Note DC (Civil) No. 5 Uniform Civil Procedure Rules 2005, r 12.1 Cases Cited: Angel v Hawkesbury Council [2008] NSWCA 130 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Blacktown City Council v Hocking [2008] NSWCA 144 Bradshaw v McEwans Pty Ltd (1952, unreported) (1951) 217 ALR 1 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Colt Children [2013] NSWChC 5 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Fox v Percy [2003] HCA 22; 214 CLR 118 Goode v Angland [2017] NSWCA 311 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 HG v The Queen [1999] HCA 2; (1999) 197 CLR 414 Johnson v Page [2007] Fam CA 1235 Jones v The Queen (1997) 191 CLR 439 Luxton v Vines (1952) 85 CLR 352; [1952] HCA 19 M v M [1988] HCA 68; (1988)166 CLR 69 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Paric v John Holland Constructions Pty Ltd [1984] 2 NSWLR 505 Paric v John Holland Constructions Pty Ltd [1985] HCA 58 Polsen v Harrison [2021] NSWCA 23 Re Henry; JL v Secretary, Dept of Family and Community Services [2015] NSWCA 89 Re Kerry (No 2) [2012] NSWCA 127 State Authority of NSW v Earthline Constructions Pty Ltd (In liq) (1999) 73 ALJR 306 The Secretary of the Dept of Communities and Justice and Fiona Farmer [2019] NSWChC 5 Twynam Agricultural Group Pty Ltd v Williams [2012] NSWCA 326 Warren v Gittoes [2009] NSWCA 24 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 Y v The Secretary, Department of Communities and Justice (No 4) [2021] NSWDC 81 Y v The Secretary, Department of Communities and Justice (No 5) [2021] NSWDC 117 Yarrabee Coal Company Pty Ltd & Anor v Lujans [2009] NSWCA 85 Category: Principal judgment Parties: Y (Appellant father in person) The Secretary, Department of Communities & Justice (First respondent) M (Second respondent mother) Representation: Counsel: Appellant in person Mr M Anderson (First respondent) No appearance for the second respondent mother M Ms N Adams, Solicitor (Independent Legal Representative of the child the subject of the appeal to December 2020) Mrs D Clark, Solicitor (Direct Legal Representative of the child from December 2020)