Gris (a pseudonym) v Avila [2019] NSWDC 132

Gris (a pseudonym) v Avila [2019] NSWDC 132

The applicant defendant is not entitled to access Leckie Law's client file as privilege has not been waived and the respondent plaintiff has no standing to waive it. Access to Family Court files is refused due to the prohibition in s 121 of the Family Law Act. Both notices of motion seeking access to these documents are dismissed.

Parties
Plaintiff/respondent: Honey Gris; Defendant/applicant: Manuel Adrian Aranibar Avila
Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Civil / Interlocutory Motions Regarding Access to Documents
Outcome
Applicant defendant's motions dismissed; costs awarded to respondent plaintiff.
Legal Topics
Legal Professional Privilege, Client Legal Privilege, Subpoena, Document Inspection, Family Law Confidentiality, Issue Waiver
Civil Procedure Legal Professional Privilege Client Legal Privilege Subpoena Document Inspection Family Law Confidentiality Issue Waiver

Case Brief

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Parties

Honey Gris

Plaintiff/respondent

Manuel Adrian Aranibar Avila

Defendant/applicant

Procedural Posture

Civil / Interlocutory Motions Regarding Access to Documents

Legal Issues

  1. 1 Whether the applicant defendant is entitled to access the client files of Leckie Law in light of claims of client legal privilege
  2. 2 Whether the applicant defendant is entitled to access the Family Court of Australia files in light of restrictions in s 121 of the Family Law Act 1975 (Cth)
  3. 3 Whether any privilege over the documents has been waived

Ratio Decidendi

The applicant defendant is not entitled to access Leckie Law's client file as privilege has not been waived and the respondent plaintiff has no standing to waive it. Access to Family Court files is refused due to the prohibition in s 121 of the Family Law Act. Both notices of motion seeking access to these documents are dismissed.

Court Disposition

Applicant defendant's motions dismissed; costs awarded to respondent plaintiff.

Orders

  • The two notices of motion filed by the applicant defendant on 27 February 2019 seeking access to the client files of Leckie Law and the files of the Family Court of Australia are dismissed.
  • The applicant defendant is to pay the respondent plaintiff's costs of each of the dismissed motions on the ordinary basis unless otherwise ordered.