Director-General, Dept of Community Services v D [2006] NSWSC 827

Director-General, Dept of Community Services v D [2006] NSWSC 827

Access to documents produced by Community Health Centre is to be granted after masking entries upheld as privileged; access to certain Department documents is granted except for those rightly subject to privilege; the application for interrogatories is dismissed as they are fishing and not necessary for resolution of real issues in the proceedings.

Jurisdiction
Australia
Judgment Date
17 August 2006
Procedural Posture
Adoption / Interlocutory Applications Prior to Final Hearing
Outcome
Access to documents granted in part, privileged portions to be masked; application for interrogatories dismissed.
Legal Topics
['privilege' 'protected Confidences' 'client Legal Privilege' 'litigation Privilege' 'interrogatories' 'best Interests of the Child']
['family Law' 'adoption Law' 'evidence Law'] ['privilege' 'protected Confidences' 'client Legal Privilege' 'litigation Privilege' 'interrogatories' 'best Interests of the Child']

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Procedural Posture

Adoption / Interlocutory Applications Prior to Final Hearing

Legal Issues

  1. 1 ['Whether access should be granted to documents produced by the Community Health Centre subject to privilege claims' 'Whether access should be granted to documents produced by the Director-General subject to privilege claims' 'Whether the birth mother’s application for interrogatories should be granted' 'Whether privileged confidences have been forensically deployed and whether waiver applies']

Ratio Decidendi

Access to documents produced by Community Health Centre is to be granted after masking entries upheld as privileged; access to certain Department documents is granted except for those rightly subject to privilege; the application for interrogatories is dismissed as they are fishing and not necessary for resolution of real issues in the proceedings.

Court Disposition

Access to documents granted in part, privileged portions to be masked; application for interrogatories dismissed.

Orders

  • ['Grant access to documents produced by Community Health Centre, subject to masking of privileged entries by Counsel for D (specific entries listed).' 'Reserve leave to parties for further application regarding entries for 10, 12 or 19 January 2006.' 'Grant access to Department documents produced under paragraph (2)...