Re Proceeding no 259/1919

[2007] VSC 303

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

PRACTICE COURT

No. 259  of  1919

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 259 of 1919
MEDIUM NEUTRAL CITATION:	[2007] VSC 303

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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:

1. This is an application for leave to inspect the file in divorce proceeding No 259 of 1919.

1. The applicant is writing a family history.  He is the son of the second marriage of Henry Robert Johnson, the petitioner in the original proceedings.  He is wishing to explore the time and reason for the breakdown of the relationship between Mr Johnson and his first wife and to see whether the file throws any light on any personal reasons that he may have had for enlisting in the First AIF.  He deposes that there is no-one else interested in the file or the application.

1. I have read the reasons for judgment of Whelan J in the matter of Proceeding No  291 of 1944.  In that judgment his Honour set out the matters to be addressed by an applicant.  They have been addressed in this matter.

1. In my view the applicant should have leave to inspect the file in this proceeding.  He 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 proceeding 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.

1. I accordingly order, pursuant to Rule 28.05(2)(b) that the applicant have leave to inspect the of documents on the file of Proceeding No 259 of 1919.

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