Griffiths v German

The case of Griffiths v German involved a family provision application under the Succession Act 2006 (Qld). The deceased had executed a will leaving the residue of her estate to her daughter. The appellant, who was also the deceased's daughter, challenged the will on the basis that it did not make proper provision for her. The court was required to determine whether the trial judge had correctly set aside subpoenas issued to the solicitor and the executor of the will, seeking documents concerning the circumstances of the execution of the will.

The primary issue was whether the subpoenas were issued for a legitimate forensic purpose or if they amounted to a fishing expedition. The court had to consider the scope of the subpoenas and whether they were confined to documents that would assist in determining the application. The appellant also argued that the subpoenas should not have been issued because they sought documents that were protected by legal professional privilege and the claim for privilege had not been asserted by the recipient of the subpoenas.

The court found that the subpoenas were not issued for a legitimate forensic purpose and were instead a fishing expedition. The subpoenas were overly broad and sought documents that were not relevant to the application. The court also held that the claim for privilege was not available to the recipients of the subpoenas because the claim had not been asserted by them. The court emphasised that privilege is a personal right and must be asserted by the person who claims it. The trial judge was affirmed in setting aside the subpoenas.

The court made no orders regarding costs.