Q and Crest and Anor

Case

[2009] FamCA 1043

2 October 2009


Details
AGLC Case Decision Date
Q and Crest and Anor [2009] FamCA 1043 [2009] FamCA 1043 2 October 2009

CaseChat Overview and Summary

In the Supreme Court of New South Wales, Ms Q sought permission to access court records in proceedings SYC 2939 of 2007. The application was made in the context of defending herself against a complaint lodged by the wife with the Legal Services Commissioner on 15 May 2009, and any subsequent proceedings under the *Legal Profession Act 2004* (NSW) arising from that complaint.

The central legal issue before Cohen J was whether Ms Q should be granted leave to search, inspect, and copy documents from the specified court file. This was to be considered solely for the purpose of her defence against the complaint and any related disciplinary proceedings.

Cohen J granted Ms Q permission to access the court record, subject to a crucial condition. She was required to provide a written undertaking to the Court, agreeing not to use any information or copied documents for any purpose other than her defence against the complaint, unless further leave of the Court was obtained. Costs in relation to this application were reserved.
Details

Areas of Law

  • Civil Procedure

  • Administrative Law

Legal Concepts

  • Discovery

  • Standing

  • Costs

  • Judicial Review

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Cases Citing This Decision

2

DARCY & DARCY [2012] FMCAfam 664
Cases Cited

1

Statutory Material Cited

5

Harris v Caladine [1991] HCA 9
Harris v Caladine [1991] HCA 9