Corey & Jebbett (No. 4)
Case
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[2018] FamCA 1039
•6 December 2018
Details
AGLC
Case
Decision Date
Corey & Jebbett (No. 4) [2018] FamCA 1039
[2018] FamCA 1039
6 December 2018
CaseChat Overview and Summary
In the matter of *Corey & Jebbett (No. 4)*, Kent J of the Family Court of Australia considered a dispute concerning the production of documents subpoenaed from Ms J, a clinical psychologist. The central issue revolved around Ms J's objections to producing certain documents, which were then brought before the Court for determination.
The primary legal issue before Kent J was whether the documents, to which Ms J objected, should be admitted into evidence. This required the Court to balance the need for relevant evidence in family law proceedings against the protection of a psychologist's professional privilege and the privacy of the individuals involved.
Kent J ordered that the documents be admitted as a separate exhibit, to be kept in a sealed envelope and not opened without a further court order. Crucially, no party was permitted to copy these documents. However, the Mother was granted access for inspection while she was present in court, specifically for the purpose of questioning Ms J. This approach aimed to allow for the potential use of the documents in the proceedings while imposing strict limitations on their dissemination and access.
The primary legal issue before Kent J was whether the documents, to which Ms J objected, should be admitted into evidence. This required the Court to balance the need for relevant evidence in family law proceedings against the protection of a psychologist's professional privilege and the privacy of the individuals involved.
Kent J ordered that the documents be admitted as a separate exhibit, to be kept in a sealed envelope and not opened without a further court order. Crucially, no party was permitted to copy these documents. However, the Mother was granted access for inspection while she was present in court, specifically for the purpose of questioning Ms J. This approach aimed to allow for the potential use of the documents in the proceedings while imposing strict limitations on their dissemination and access.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Evidence
Legal Concepts
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Discovery
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Privilege
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Expert Evidence
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Injunction
Actions
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Most Recent Citation
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Cases Cited
4
Statutory Material Cited
0
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