Choat and Grendel

Case

[2018] FamCA 579

30 July 2018


Details
AGLC Case Decision Date
Choat and Grendel [2018] FamCA 579 [2018] FamCA 579 30 July 2018

CaseChat Overview and Summary

In the matter of *Choat and Grendel*, heard before Watts J, the dispute concerned the redaction of certain documents, specifically notes and counselling records, produced by Ms B. The mother sought to redact specific portions of these documents, including particular bullet points and entire counselling sessions, as well as any identifying information such as her place of residence or telephone number.

The primary legal issue before the court was whether the mother should be permitted to redact the specified parts of the documents. This involved considering the nature of the information sought to be redacted and its relevance to the proceedings, balanced against principles of disclosure and the need for a fair hearing.

Watts J ordered that the mother be permitted to redact specific bullet points from various notes dated between February 2014 and November 2016, and to remove entire counselling notes from June to October 2016. Additionally, any reference to the mother's place of residence or telephone number was to be redacted. The court further directed the mother to attend the Sydney Registry to photocopy the relevant pages, make the redactions, and replace the original pages with the redacted copies. The original unredacted copies were to be placed in a sealed envelope, and written notice was to be given to the father and the Independent Children's Lawyer once the redacted records were ready for inspection.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Discovery

  • Privilege

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

2

Chrystie & Dellas [2021] FamCA 628
Cases Cited

7

Statutory Material Cited

2

Feinster & Feinster and Anor [2006] FamCA 232
Wenlack and Cimorelli [2013] FamCA 602
R v Young [1999] NSWCCA 166