Cleary v Rinaudo

In *Cleary v Rinaudo*, the Supreme Court of the Australian Capital Territory considered a dispute concerning the mandatory disclosure of documents in a personal injury claim brought under Chapter 5 of the *Civil Law (Wrongs) Act 2002* (ACT). The appellant sought to resist disclosure of a medical report obtained after the commencement of court proceedings, arguing it was protected by client legal privilege.

The central legal issue before the Court was whether a medical report, obtained by the respondent for the dominant purpose of the ongoing court proceedings, was nonetheless compellable for disclosure despite circumstances that would ordinarily attract client legal privilege. The Court was required to determine the scope of the disclosure obligations under the relevant legislation, particularly in relation to documents created after litigation has commenced.

Burns J reasoned that the *Civil Law (Wrongs) Act 2002* (ACT) imposes a broad obligation for disclosure of documents relevant to the proceedings, and that this obligation is not displaced by the ordinary rules of client legal privilege in the context of personal injury litigation. The Court held that the purpose for which the report was obtained, namely for the litigation, meant it fell within the scope of mandatory disclosure, overriding claims of privilege.

Consequently, the appeal was allowed, and the appellant was ordered to pay the respondent’s costs in accordance with the order made by Refshauge J on 21 December 2012.