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Seeking Special Leave To The High Court

Updated: Oct 1, 2023

For those of you who have been following my now over 5 1/2 years battle in the courts for justice concerning the forced and violent removal of a first nation child in mid 2017.

On the 3rd of January 2023 I filed a special leave application to the High Court of Australia concerning my constitutional challenge of section 105 of The Children & Young Person's (Care and Protection) Act 1998.

Section 105 is the suppression law in NSW that is allegedly enforced to protect the privacy and identity of a child and that we argue also protects the privacy and identity of the Department and Out Of Home Care (OOHC) from any public scrutiny. This, as a consequence, places children at much greater risk of harm, and they are then entered into a system that numerous reports show has very poor outcomes for thousands of children.

I am appealing the decision of The Court of Appeal matter that was dismissed on the 30th of November 2022 judgment available here........

20221130-Certified Copy - Burton v DPP (2021304575)
Download PDF • 255KB

Following the dismissal of the matter in Nov, I made application to the High Court of Australia. Most people are not aware that you do not get an appeal by right to the High Court and that all people must make special leave applications whereby the High Court themselves decide on what they will or wont hear.

Further to this the prospects of success for a self represented individual even being accepted into the High Court of Australia in regards to a constitutional challenge like mine, is about as close to zero as you can get. There is an interesting study available here that shows just how difficult it is.

Stuhmcke Stewart Special leave to appeal to the High Court - Which applications are most
Download • 246KB

Fortunately I was able to obtain the kind assistance of a well respected Senior Barrister with significant experience in regards to constitutional matters in the High Court, two junior barristers, and a solicitor, "pro bono" to represent me in my application to the High Court.


The applicant applies for special leave to appeal from the whole of the judgment of the Court of Appeal of New South Wales (Bell CJ, Leeming and Kirk JJA) given on 30

November 2022 in Burton v Director of Public Prosecutions [2022] NSWCA 242.

Part I: Proposed grounds of appeal and orders that will be sought

1. The proposed grounds of appeal are:

(a) The Court of Appeal erred in its construction of s 105 of the Children and Young

Persons (Care and Protection) Act 1998 (NSW) (the Care Act).

(b) The Court of Appeal erred in failing to determine that s 105 of the Care Act is

invalid because it impermissibly burdens the implied freedom of communication

on government and political matters contrary to the Commonwealth Constitution

(the implied freedom).

All You Need Is Love

xxx Pastor Paul


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