McGlennan and Don

In *McGlennan and Don*, the parties sought leave to inspect and copy documents produced by the Department of Education pursuant to a subpoena. The Independent Children's Lawyer also sought leave to do so. The dispute concerned the discoverability of certain documents, with a portion of them being withheld on the grounds of legal professional privilege.

The central legal issue before the Court was whether to grant leave for the parties and the Independent Children's Lawyer to inspect and copy the documents produced by the Department of Education, and how to deal with those documents claimed to be subject to legal professional privilege.

The Court ordered that leave be granted for the inspection and copying of the subpoenaed documents, with the exception of those documents the Court determined attracted legal professional privilege. These privileged documents were to be separated and retained in a sealed envelope in the custody of the Court, thereby preserving their privileged status from inspection by the parties and the Independent Children's Lawyer.