In the Matter of Proceeding No 1145 of 1942
[2009] VSC 1
•6 January 2009
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
PRACTICE COURT
No. 1145 of 1942
IN THE MATTER of Proceeding No 1145 of 1942
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JUDGE: | CAVANOUGH J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | On the papers | |
DATE OF JUDGMENT: | 6 January 2009 | |
CASE MAY BE CITED AS: | In the Matter of Proceeding No 1145 of 1942 | |
MEDIUM NEUTRAL CITATION: | [2009] VSC 1 | |
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PRACTICE AND PROCEDURE – Application by non-party to inspect divorce file – Divorce granted 65 years ago – Both parties deceased – Applicant 73 years of age – Only child of the marriage – No other persons likely to be affected adversely – Requirements for granting access satisfied – Application granted – Supreme Court (General Civil Procedure) Rules 2005 r 28.05(2)(b).
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APPEARANCES: | Counsel | Solicitors |
| No appearance |
HIS HONOUR:
Valerie Evelyn Day applies pursuant to r 28.05(2)(b) of the Supreme Court (General Civil Procedure) Rules 2005 for leave to inspect the file relating to the divorce in 1943 of her parents, Norman James Roth and Andrina May Roth. She makes the application through the agency of her daughter, Suzanne Day.
The applicant was born in 1935. She was thus 7 years old when her parents divorced. She is now 73 years of age. Her mother has now been dead for over 30 years and her father for over 20 years. She is the only child of the marriage.
Applying the principles which this Court has recently adopted in relation to applications of the present kind[1], I am satisfied on the material filed that this is an appropriate case to grant leave. Not only is the applicant the only child of the parties, she is mentioned (as a young child) in documents contained in the file. So she has a direct association with the proceeding. She also has a valid interest in inspecting the file. Doing so may assist her to gain an understanding of matters which presumably had a significant impact on her life. In the circumstances of this case, it is unlikely that allowing her to inspect the file, or even to copy all or any part of it, would compromise the privacy interests of any living individuals.
[1]See In the Matter of Proceeding No 291 of 1944 [2006] VSC 50; Re Proceeding No 127/1920 [2007] VSC 302; Re Proceeding No 8 of 1938 [2008] VSC 220.
Accordingly I order pursuant to r 28.05(2)(b) of the Rules that the applicant, Valerie Evelyn Day, have leave to inspect and obtain copies of documents on the file of proceeding no 1145 of 1942.
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