WINTERS & WINTERS

In the matter of *Winters & Winters*, the father sought leave to disclose certain documents to his treating psychologist. The dispute centred on whether such disclosure would breach the implied undertaking of confidentiality that attaches to court documents, and whether it would contravene section 121 of the *Family Law Act 1975* (Cth), which prohibits the dissemination of information about family law proceedings. The father's psychologist had requested access to specific documents to assist in the therapeutic treatment of the father.

The court was required to determine two primary legal issues. Firstly, whether the father required leave to disclose the documents to his psychologist, or alternatively, whether leave should be granted. This involved considering the nature of the implied undertaking and whether its release was warranted. Secondly, the court had to assess whether the proposed disclosure would constitute a breach of section 121 of the *Family Law Act 1975* (Cth), particularly in light of the exceptions provided within that section.

Justice Tree found that the father did not require leave to publish certain documents to his psychologist, Ms O. The court reasoned that the psychologist's request was for therapeutic purposes, and that the disclosure would not amount to a dissemination to "a section of the public" in a manner that would contravene section 121. Furthermore, the court identified that an exception under section 121(9)(f)(1) of the Act was engaged, which permits disclosure for the purposes of legal or other professional advice. The court was satisfied that the publication of the documents to the treating psychologist would not breach section 121.

The court ordered that upon Ms O undertaking in writing, in terms acceptable to the Independent Children's Lawyer, to maintain the information contained therein confidential, the father would be at liberty to publish to Ms O the report from C Contact Centre regarding six months of supervised contact dated 29 January 2015.