Rusk and Rusk

In the matter of *Rusk and Rusk*, Strickland J of the Family Court of Australia considered an application by the father concerning the production of medical records. The dispute involved the mother's admission to The E Hospital in or about December 2008 and any subsequent treatment.

The primary legal issue before the court was whether to grant the father leave to issue a subpoena to the Administrator of The E Hospital for the production of these medical records. The court was required to determine the relevance and necessity of these records for the proceedings.

Strickland J reasoned that the medical records were relevant to the proceedings and granted the father leave to issue the subpoena. The court ordered that the subpoena be issued within seven days and be returnable before a Registrar on 16 June 2009. Further consideration of the case was adjourned to 21 September 2009, with liberty granted to the parties to arrange an earlier hearing if required.