Re Proceeding 177/1924

Case

[2009] VSC 45

17 February 2009


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

PRACTICE COURT

No. 177 of  1924

IN THE MATTER of an application pursuant to Rule 28.05 of the Supreme Court
(General Civil Procedure) Rules 2005

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JUDGE:

SMITH J

WHERE HELD:

Melbourne

DATE OF HEARING:

On the papers

DATE OF JUDGMENT:

17 February 2009

CASE MAY BE CITED AS:

In the matter of Proceeding No 177 of 1924

MEDIUM NEUTRAL CITATION:

[2009] VSC 45

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PRACTICE AND PROCEDURE – Application for leave to inspect a divorce file pursuant to Rule 28.05 of the Supreme Court (General Civil Procedure) Rules 2005 – Confidentiality – Valid interest in inspecting the file.

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Ex parte application by applicant

APPEARANCES:

Counsel Solicitors
For the Plaintiff No appearance
For the Defendant No appearance

HIS HONOUR:

  1. This is an application for leave to inspect the file in divorce proceedings No 177 of 1924.

  1. From the material filed in support of the application I am satisfied that all relevant matters have been addressed satisfactorily by the applicant.

  1. In my view the applicant should have leave to inspect the file in this proceeding. The applicant has a valid interest in inspecting the file. On the material before me it seems that allowing inspection will not compromise the privacy of the parties to the proceedings or any non-parties. Having regard to the age of the matter it is unlikely that there are other persons interested in the application or the file. I order, pursuant to Rule 28.05, that the applicant have leave to inspect and copy the documents on the file of proceeding No 177 of 1924.

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