SIMONS & SIMONS

In the matter of *Simons & Simons*, Mr Simons, the applicant, sought leave from the Family Court of Australia to be released from the implied undertaking, known as the *Harman* obligation, not to use documents and information obtained under compulsion in family law proceedings in the conduct of separate proceedings in the County Court of Victoria. The respondent, Ms Simons, made no submissions and indicated neither consent nor opposition to the application.

The central legal issue before the Court was whether special circumstances existed that justified releasing the applicant from the *Harman* obligation. The applicant contended that such circumstances were present, necessitating the use of the documents in the County Court proceedings.

McEvoy J granted the application, noting that in the absence of any submissions in opposition, leave was to be granted. The Court reasoned that the *Harman* obligation, while important for protecting confidentiality, is not absolute and can be discharged where justice requires it, particularly when no party opposes the release.

Consequently, the Court ordered that the interim hearing be vacated and that the applicant be released from his obligation not to use the specified documents from the Family Court proceeding in the County Court proceeding. The applicant's Initiating Application was otherwise dismissed.