Grant and Andrews and Anor

In *Grant and Andrews and Anor*, Rees J considered objections to the inspection of documents produced on subpoena in proceedings involving Ms Digby. The primary dispute concerned the extent to which documents produced by various third parties, including B School, Ms C, Dr D, Mr E, Dr F, Dr G, the Department of Human Services, and H Hospital, should be available for inspection by the parties to the litigation.

The court was required to determine which of the objections to inspection were valid and, consequently, which documents, if any, should be withheld from inspection. This involved assessing the nature of the documents produced and the grounds upon which inspection was resisted by the subpoenaed parties.

Rees J applied principles governing the inspection of subpoenaed documents, balancing the need for disclosure in litigation against the privacy and confidentiality interests of third parties. The court's reasoning led to a series of specific orders regarding inspection. Inspection was upheld for some subpoenaed parties, dismissed for others, and permitted in part for several, often with limitations on the scope or date of the documents. The court also made detailed orders concerning the timing and recipients of inspection, including specific provisions for the Independent Children’s Lawyer and the parties' legal representatives, while strictly prohibiting direct disclosure to the mother without further court leave.