Featon & Featon

In *Featon & Featon*, Rees J of the Family Court of Australia considered an application by a husband seeking to use material previously disclosed under a *Harman* undertaking for the purpose of criminal proceedings against him. The wife had sworn affidavits and subpoenaed documents from various medical institutions and a government department, which were subject to the *Harman* undertaking, restricting their use to the family law proceedings.

The central legal issue before the court was whether to grant the husband leave to use these affidavits and subpoenaed documents in his defence of criminal charges. This required the court to consider the principles governing the release of information subject to a *Harman* undertaking, particularly when that information is sought for use in unrelated criminal proceedings.

Rees J reasoned that while *Harman* undertakings are designed to protect privacy and prevent collateral use of sensitive information, they are not absolute. The court applied the principle that leave to use such material in criminal proceedings may be granted where there is a compelling need, balancing the privacy interests of the parties against the public interest in the proper administration of justice in criminal matters. The court found that the husband had demonstrated a sufficient need to access the material for his defence, and that the potential prejudice to the wife could be mitigated.

Consequently, the court ordered that the husband have leave to use the specified affidavits sworn by the wife and the documents or information disclosed in material produced on subpoena by H Hospital, Suburb J, B Medical Centre, Dr F, C Medical Centre, Dr G, Dr D, and the Department of Family & Community Services for the purpose of the criminal proceedings against him.