VC v Secretary of the Department of Communities and Justice & Ors [2024] NSWDC 166

District Court New South Wales

Medium Neutral Citation: VC v Secretary of the Department of Communities and Justice & Ors [2024] NSWDC 166 Hearing dates: 7-9 May 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [69] Catchwords: EVIDENCE – child care proceeding – plaintiff records telephone conversation with third party – other parties object to transcript of sound recording – whether evidence relevant – whether evidence illegally obtained – whether desirability of admitting illegally obtained evidence outweighed by undesirability of admitting evidence illegally obtained CIVIL PROCEDURE – child care appeal in District Court – whether and in what circumstances, Court is bound by rules of evidence where there is dispute as to admissibility of evidence impugned for illegality Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss Civil Procedure Act 2005 (NSW), ss 56-60, 62 Convention on the Elimination of All Forms of Racial Discrimination Evidence Act 1995 (NSW) s 126C, 138 Racial Discrimination Act 1975 (Cth) Surveillance Devices Act 2007 (NSW), ss 4, 7 Cases Cited: Kadir v The Queen (2020) 94 ALJR 168 Rathswohl v Court [2020] NSWSC 1490 Texts Cited: Nil Category: Procedural rulings Parties: The Father (Plaintiff) The Secretary of the Department of Communities and Justice (First Defendant) The Minister for Families and Communities (Second Defendant) The Mother (Third Defendant) Representation: Counsel: Plaintiff (self-represented) Ms S Mahony (First and Second Defendant) Ms P Jones (Third Defendant) Mr P Ryan (Solicitor Advocate, Independent Legal Representative)