Warner and Comcare (Compensation)

This matter concerned an application by Comcare for release from an implied undertaking regarding a document produced under summons. The applicant, Mr Warner, had produced material under summons, and Comcare sought to use a copy of a report, which was informed by or reproduced information from that summonsed material, in the management of other claims made by Mr Warner.

The Senior Member was required to determine whether the implied undertaking that ordinarily applies to documents produced under summons extended to Comcare's use of a copy of a report in the management of Mr Warner's other, unrelated claims. The Senior Member also had to consider whether a release from this undertaking was required, particularly in circumstances where a copy of the document was provided to Comcare under section 58 of the *Safety, Rehabilitation and Compensation Act 1988*.

The Senior Member reasoned that the implied undertaking would continue to apply to the copy of the report to the extent that it was informed by or reproduced information from the original summonsed material. The Senior Member found that using such a report for the management of unrelated claims constituted a purpose collateral or ulterior to the original purpose for which the document was produced. Consequently, Comcare required a release from the implied undertaking to use the report in this manner. The Senior Member concluded that Comcare had not advanced any sufficient reason to warrant a release from the undertaking.

Accordingly, the Senior Member determined that an implied undertaking applied to Comcare in relation to the summonsed material and the report, to the extent that the report was informed by or reproduced information from the summonsed material. Comcare was therefore required to obtain a release from this undertaking before it could use the report for the management of Mr Warner's other claims, and no such release was granted.