Elliott v Tippett

The case of Elliott v Tippett was heard in the Supreme Court of Victoria. The plaintiff, Elliott, sought to have medical records of the defendant, Tippett, disclosed to assist in her claim for damages. The records were protected under medical privilege. The defendant argued that the privilege should remain intact and that the records should not be produced. The plaintiff countered that the privilege had been waived due to the defendant's selective disclosure of medical information and by initiating the legal proceedings.

The primary legal issue before the court was whether the privilege attached to the medical records had been waived. Specifically, the court needed to determine if the privilege was waived by the defendant's selective disclosure of certain medical information or if it was waived by the commencement of legal proceedings by the plaintiff. The court examined the provisions of the Evidence Act 1958, particularly section 28(2), which addresses the circumstances under which medical privilege may be lost.

The court concluded that medical privilege had indeed been waived. The decision hinged on the principle that once a party commences legal proceedings, there is an implied waiver of privilege regarding the matters in dispute. Furthermore, the court found that the selective disclosure by the defendant of specific medical information to third parties also constituted a waiver of privilege concerning those disclosed matters. Therefore, the court ruled that the medical records could be produced as evidence in the case. The appeal brought by the defendant was dismissed, and the order for the production of the medical records was upheld.