Kelly v Salmons

In this case, the applicant, Michael Kelly, a solicitor from Generations Law in Brisbane, Australia, sought access to a 1981 divorce file relating to Grant Richard Salmons, who had passed away. The file, held by Archives New Zealand, pertains to the divorce between Grant Richard Salmons and Paula Anne Salmons, who was born Arps. Kelly's client, Rebecca Salmons, intends to apply for Letters of Administration in the Queensland Supreme Court in respect of her father's estate and requires proof of his divorce from Paula Anne Salmons to proceed with her application.

The primary legal issue before the court was whether access to the divorce file should be granted, as it is restricted under the Senior Courts (Access to Court Documents) Rules 2017. Specifically, clause 7(1) of the Rules requires a judge's approval for access to divorce files unless there is good reason to permit access. Given that Kelly's request was limited to obtaining only the documents necessary for his client's application, the court considered whether a copy of the Marriage Certificate and the final Decree Absolute of Divorce would suffice for the intended purpose.

The Associate Judge, Lester, determined that, in this case, it was not necessary to trace Paula Anne Salmons, as Kelly's request was limited to obtaining the marriage certificate and the final Decree Absolute of Divorce. The court reasoned that these documents would be sufficient for Kelly to proceed with his client's application for Letters of Administration. The judge requested the Registrar to forward the required documents to Kelly and noted that if further documents were needed, Kelly could make another request specifying which documents were required and why.

The court ordered the Registrar to forward copies of the Marriage Certificate of the late Mr Salmons and Ms Arps, together with a copy of the final Decree Absolute of Divorce, to Mr Kelly. The court left open the possibility for further requests if additional documents were required for the client's application.