FAMILY COURT OF AUSTRALIA
| DARLEY & DARLEY (NO. 3) | [2020] FamCAFC 289 |
| FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – LEAVE TO ISSUE SUBPOENAS – Where the mother was given leave to issue a subpoena to Medicare to obtain a list of the father’s treating medical professionals – Where the mother now seeks leave to issue subpoenas to three medical practices identified by records produced from Medicare as having provided medical treatment to the father – Where the subpoenas sought by the mother are unconfined as to any timeframe at all – Where the terms of the subpoenas sought are far too broadly drawn and expressed – Where the mother agreed to leave being granted to a subpoena more limited in scope than initially sought – Where the father did not wish to participate in the hearing – Application granted. |
| Family Law Act 1975 (Cth) ss 94, 102QB Family Law Rules 2004 (Cth) r 22.34 |
| Charisteas & Charisteas and Ors (2019) FLC 93-884; [2019] FamCAFC 2 Darley & Darley [2019] FamCAFC 238 Darley & Darley [2020] FamCAFC 4 Darley & Darley (No.2) [2020] FamCAFC 193 |
| APPLICANT: | Ms Darley |
| RESPONDENT: | Mr Darley |
| INDEPENDENT CHILDREN’S LAWYER: | Norman & Kingston Solicitors |
| FILE NUMBER: | BRC | 2317 | of | 2013 |
| APPEAL NUMBER: | NOA | 9 | of | 2019 |
| NOA | 39 | of | 2019 | |
| NOA | 83 | of | 2019 |
| DATE DELIVERED: | 19 November 2020 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Kent J |
| HEARING DATE: | 19 November 2020 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 18 December 2018; 5 April 2019; and 23 August 2019 |
| LOWER COURT MNC: | [2018] FamCA 1086; [2019] FamCA 206; [2019] FamCA 595 |
REPRESENTATION
| THE APPLICANT: | In person by telephone |
| THE RESPONDENT: | No appearance |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Kingston, Norman & Kingston Solicitors |
Orders
The Applicant mother be granted leave to cause the issue of subpoenas directed to:
(a) K Town Medical Practice;
(b) UU Town Medical Practice; and
(c) C Town Medical Practice
in the following terms:
Any medical records or documents held relating to any diagnosis and/or treatment of any mental health or like medical condition, from and including the year 2006, in relation to [full name and various addresses of the father].
The parties be granted leave to inspect the documents produced under the subpoenas referred to in Order (1) hereof, subject to any objection raised by any recipient of any of the subpoenas.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Darley & Darley (No. 3) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02
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- Case
- [2020] FamCAFC 289
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the records sought by the mother were necessary for the resolution of the parenting dispute and whether the father's privacy rights outweighed the need for such information. The court considered the relevance of the records to the issues at hand, the potential impact on the father's privacy, and the necessity of the information for making a just and equitable outcome in the case.
The Family Court found that the records were relevant to the parenting dispute, particularly in assessing the father's capacity to care for the child. The court also noted that the father had not demonstrated that the production of the records would cause him substantial harm or distress. Consequently, the court granted the mother leave to issue subpoenas to the specified medical practices and allowed the parties to inspect the documents produced, subject to any objections. This decision underscored the importance of medical information in parenting cases, balanced against privacy concerns.
Orders
Orders of the court
1.
The Applicant mother be granted leave to cause the issue of subpoenas directed to:
(a) K Town Medical Practice;
(b) UU Town Medical Practice; and
(c) C Town Medical Practice
in the following terms:
Any medical records or documents held relating to any diagnosis and/or treatment of any mental health or like medical condition, from and including the year 2006, in relation to [full name and various addresses of the father].
2.
The parties be granted leave to inspect the documents produced under the subpoenas referred to in Order (1) hereof, subject to any objection raised by any recipient of any of the subpoenas.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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