SAWKINS & DEBELL

In the matter of *Sawkins & Debell*, Mead J considered an application by a Local Health Network to set aside a notice of objection to a subpoena. The proceedings involved a dispute concerning the inspection and copying of medical documents issued by subpoena to B Medical Centre and C Medical Centre, relating to the Mother.

The central legal issues before the Court were whether the Local Health Network's objection to the subpoena was valid, and how to balance the parties' rights to access relevant evidence with the Mother's right to privacy regarding her personal medical, gynaecological, obstetric, and psychological treatment records, particularly in the context of allegations of sexual assault. The Court also had to determine the appropriate role of the Independent Children's Lawyer in managing and disseminating sensitive information.

Mead J reasoned that the Local Health Network's objection was not well-founded and set it aside. The Court then made detailed orders to manage the disclosure of the subpoenaed documents. These orders required the Mother to identify specific documents relating to her personal medical history and psychological treatment that she did not wish to be inspected by the Father or his legal representatives. The Independent Children's Lawyer was granted leave to inspect and copy these documents, with the discretion to forward relevant materials to the parties' legal representatives, subject to strict conditions preventing printing or reproduction and prohibiting the Father's direct inspection.