FAMILY COURT OF AUSTRALIA
| CRAWFORD & SISINIS AND ANOR | [2014] FamCA 912 |
| FAMILY LAW – SUBPOENA – Objection – public interest immunity – where child’s psychologist objects to the production of notes – where parents had previously signed a confidentiality agreement which provided information obtained in the therapeutic context would be “not discoverable” in future Family Court proceedings – consideration of public interest immunity – no public interest immunity between a child and a psychologist – orders made for inspection. |
| Family Law Act 1975 (Cth) ss 10C, 10G, 10D, 10E, 60CA, 69ZN Benson & Hughes (1994) FLC 92-483 National Employers Mutual General Association Ltd v Waind & Hill (1978) 1 NSWLR 372 |
| APPLICANT: | Ms Crawford |
| RESPONDENT: | Mr Sisinis |
| INTERVENOR: | Ms Dolan |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Services Commission of SA |
| FILE NUMBER: | ADC | 1255 | of | 2012 |
| DATE DELIVERED: | 27 October 2014 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Berman J |
| HEARING DATE: | 21 October 2014 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Pyke QC |
| SOLICITOR FOR THE APPLICANT: | Adelaide Family Law |
| COUNSEL FOR THE RESPONDENT: | Ms Basheer |
| SOLICITOR FOR THE RESPONDENT: | Katrina Lind Legal |
| COUNSEL FOR THE OTHER PARTY: | Ms Dickson |
| SOLICITOR FOR THE OTHER PARTY: | Franklin Legal |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mrs West |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Services Commission of SA |
Orders
The legal representatives for the parties including the Independent Children’s Lawyer be at liberty to inspect documents (including those marked confidential) produced by Ms Dolan of Practice B pursuant to subpoena issued on 29 August 2014.
The parties and their legal representatives be restrained and an injunction is hereby granted restraining them from discussing the contents of the documents produced pursuant to the said subpoena with any other person not directly related to the proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Crawford & Sisinis and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT ADELAIDE |
FILE NUMBER: ADC 1255 of 2012
| Ms Crawford |
Applicant
And
| Mr Sisinis |
Respondent
REASONS FOR JUDGMENT
INTRODUCTION
On 29 September 2014 orders were made that adjourned the trial to 27 October 2014. The proceedings involve a complex parenting dispute in…
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- Case
- [2014] FamCA 912
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the legal representatives of the parties, including the Independent Children’s Lawyer, should be permitted to inspect documents produced by Ms Dolan, and whether an injunction should be granted to restrain the discussion of the contents of those documents.
Berman J reasoned that it was appropriate to grant liberty to inspect the subpoenaed documents, acknowledging the need for parties to access relevant evidence in proceedings. However, the Court also recognised the potential for prejudice or misuse of sensitive information contained within those documents. Consequently, the Court granted an injunction restraining the parties and their legal representatives from discussing the contents of the documents with any person not directly involved in the proceedings, thereby balancing the need for disclosure with the protection of confidential information.
The Court ordered that legal representatives for the parties, including the Independent Children’s Lawyer, be at liberty to inspect the documents produced by Ms Dolan. Furthermore, an injunction was granted restraining the parties and their legal representatives from discussing the contents of these documents with any person not directly related to the proceedings.
Orders
Orders of the court
1.
The legal representatives for the parties including the Independent Children’s Lawyer be at liberty to inspect documents (including those marked confidential) produced by Ms Dolan of Practice B pursuant to subpoena issued on 29 August 2014.
2.
The parties and their legal representatives be restrained and an injunction is hereby granted restraining them from discussing the contents of the documents produced pursuant to the said subpoena with any other person not directly related to the proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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