JW v Department of Communities and Justice [2023] NSWDC 466

District Court New South Wales

Medium Neutral Citation: JW v Department of Communities and Justice [2023] NSWDC 466 Hearing dates: 21 and 25 September 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Jurisdiction: Civil Before: Acting Judge I Coleman SC Decision: (1) The relief sought in prayer 3 of the Notice of Motion is refused. (2) Costs reserved. Catchwords: CONTEMPT OF COURT – application by the plaintiff (mother) for referral of the Secretary, Department of Communities and Justice for contempt pursuant to s 203 District Court Act 1973 (NSW) – conduct of the Secretary in exercising functions under ss 44 and 45 of the Care Act in assuming care of a child following an earlier s 90 determination by the District Court allocating parental responsibility for the child's residence to the mother alleged to constitute contempt of court – interpretation of court orders – whether evidence capable of establishing wilful, deliberate or intentional breach of court orders – application for referral refused Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 43, 44, 45, 71, 79, 83, 90, 91 and 233 Civil and Administrative Tribunal Act 2013 (NSW), s 73 District Court Act 1973 (NSW), s 203 Cases Cited: AA & Ors v Department of Family and Community Services [2016] NSWSC 842 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd [2015] HCA 21 Department of Communities and Justice (DCJ) and Katie [2023] NSWChC 11 DVI v ZTT [2021] NSWCATEN 4 GR v Secretary, Department of Communities and Justice [2022] NSWCA 153 Mohareb v Palmer [2017] NSWCA 281 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Re Greta (No.2) [2012] NSWSC 856 Witham v Holloway (1995) 183 CLR 525 Category: Procedural rulings Parties: Plaintiff/Applicant: JW First Defendant/Respondent: Department of Communities and Justice Representation: Counsel: Plaintiff/Applicant: Mr S Prince SC / Mr P Glissan First Defendant/Respondent: Dr D Kell SC (Crown Advocate for NSW) / Mr J M Harris