Canning and Hartigan (No 3)

Case

[2015] FamCA 1102

19 March 2015


Details
AGLC Case Decision Date
Canning and Hartigan (No 3) [2015] FamCA 1102 [2015] FamCA 1102 19 March 2015

CaseChat Overview and Summary

In the matter of *Canning and Hartigan (No 3)*, Hogan J of the Federal Circuit Court of Australia made orders concerning the handling and destruction of sensitive evidence. The proceedings involved parties referred to as Canning and Hartigan, and the dispute concerned matters requiring the presentation of evidence from Dr C and Mr J, as well as specific forms and datasheets.

The court was required to determine how certain evidence, including exhibits and affidavits from Dr C and Mr J, along with a "PDS Form", "PAS Response Form HS", and "Datasheet SHQ-R", should be managed to ensure confidentiality and security throughout and after the proceedings. The court also needed to decide on the ultimate disposition of this sensitive material.

Hogan J ordered that specific documents, namely Exhibit 1, Exhibit 2, Exhibit B, the Affidavit of Dr C filed 28 May 2014, the Affidavit of Dr C filed 1 July 2014, and the Affidavit of Mr J filed 13 March 2015, be placed in a sealed envelope on the court file, accessible only by leave of the Court. Similarly, the "PDS Form", "PAS Response Form HS", and "Datasheet SHQ-R" were to be sealed and placed on the court file after the conclusion of evidence, also subject to access by leave.

Following the conclusion of the proceedings, the legal representatives of the parties were directed to return all copies of the aforementioned material to the Independent Children’s Lawyer. The Independent Children’s Lawyer was then tasked with arranging for the destruction of this material.
Details

Areas of Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Discovery

  • Privilege

  • Remedies

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