Re Proceeding no 127/1920
[2007] VSC 302
•23 August 2007
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
PRACTICE COURT
No. 127 of 1920
IN THE MATTER of an application pursuant to Rule 28.05(2)(b) 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: | 23 August 2007 | |
CASE MAY BE CITED AS: | In the matter of Proceeding No 127 of 1920 | |
MEDIUM NEUTRAL CITATION: | [2007] VSC 302 | |
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PRACTICE AND PROCEDURE – Application for leave to inspect a divorce file pursuant to Rule 28.05(2)(b) of the Supreme Court (General Civil Procedure) Rules 2005 – Confidentiality – Valid interest in inspecting file.
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Ex parte application by applicant
APPEARANCES: | Counsel | Solicitors |
| No appearance |
HIS HONOUR:
This is an application for leave to inspect the file in divorce proceeding No 127 of 1920.
The applicant is the grandson of the late petitioner and respondent. His father was born on 14 July 1915. The applicant deposes that he seeks access for genealogical reasons only. He wishes to obtain a copy of the divorce file and the transcript of other official court record regarding the divorce so that he can complete his family’s historical record with some accuracy. He expresses the concern that if he cannot obtain access to the records, the records will be lost in archives forever. He indicates that he does not intend to publish or broadcast the records to any other party and they will form part of his genealogical records only. He expresses the belief that there are no other persons who would have an interest in the file or in the application.
As to people who may have another interest, a perusal of the file suggests that there may well be but having regard to the age of the matter, it seems to me highly unlikely that there would be any compromise of anyone’s privacy.
The applicant has satisfied the requirements spelt out by Whelan J in his decision in the matter of Proceeding No 291 of 1944. I am satisfied the applicant has a valid interest in inspecting the file and taking copies of the documents on it.
I accordingly order, pursuant to Rule 28.05(2)(b) that the applicant have leave to inspect and obtain copies of documents on the file of Proceeding No 127 of 1920.
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