Lloyd v Department of Education [2018] NSWDC 472

Lloyd v Department of Education [2018] NSWDC 472

Access is granted to both parties for documents produced on subpoena by Ms Enter, given the relevance to the psychological injury claim, with copying and confidentiality limitations imposed on the defendant's solicitor.

Parties
Non Party Applicant: Ms Jane Enter; Respondent: Department of Education
Jurisdiction
Australia
Judgment Date
13 August 2018
Procedural Posture
Civil / Interlocutory Hearing
Outcome
Access granted to subpoenaed documents with confidentiality and copying limitations
Legal Topics
Subpoena, Documents Production, Work Injury Damages Claim, Confidentiality
Evidence Practice and Procedure Subpoena Documents Production Work Injury Damages Claim Confidentiality

Case Brief

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Parties

Ms Jane Enter

Non Party Applicant

Department of Education

Respondent

Procedural Posture

Civil / Interlocutory Hearing

Legal Issues

  1. 1 Whether access should be granted to documents produced on subpoena by the treating psychologist
  2. 2 Whether confidentiality and limited copying should be imposed on these documents

Ratio Decidendi

Access is granted to both parties for documents produced on subpoena by Ms Enter, given the relevance to the psychological injury claim, with copying and confidentiality limitations imposed on the defendant's solicitor.

Court Disposition

Access granted to subpoenaed documents with confidentiality and copying limitations

Orders

  • Both parties granted access to the documents produced by Jane Enter.
  • Defendant's solicitor may make one copy for its file; additional copies allowed for counsel and any psychiatrist qualified by the defendant; no further copies permitted.