Binnie and Comcare (Compensation)

This matter concerned an interlocutory application brought by Comcare for the release of documents produced by the applicant, Binnie, under a summons process in proceedings before the Administrative Appeals Tribunal. Comcare sought to use these documents in separate proceedings.

The primary legal issue before the Tribunal was whether the implied undertaking of confidentiality attaching to documents produced under a summons should be released. This required the Tribunal to consider whether Comcare's application was for collateral and ulterior purposes, and if special circumstances warranted the release of the documents.

The Tribunal found that the implied undertaking could be released where the applicant seeking release demonstrated that the documents were sought for a purpose other than the proceeding in which they were produced, and that there were special circumstances justifying the release. In this instance, the Tribunal was satisfied that Comcare had established such special circumstances, and that the application was not for a collateral or ulterior purpose. Accordingly, the Tribunal allowed the application for release of the implied undertaking.