An Adoptive Father v Minister for Family and Community Services [2019] NSWSC 878

An Adoptive Father v Minister for Family and Community Services [2019] NSWSC 878

The documents sought in the notice to produce do not bear upon any remaining issue in the appeal, given the first foster carer is no longer caring for the children, and the defendants will not propound the first carer for future care; therefore, access to the documents is denied for lack of legitimate forensic purpose.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Appeal / Interlocutory Application Regarding Notice to Produce
Outcome
Plaintiff's application for access to the documents under notice to produce is denied.
Legal Topics
['notice to Produce' 'subpoena' 'legitimate Forensic Purpose' 'permanency Planning' 'care Arrangements Under Care Act']
['civil Procedure' 'family Law' 'child Protection'] ['notice to Produce' 'subpoena' 'legitimate Forensic Purpose' 'permanency Planning' 'care Arrangements Under Care Act']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application Regarding Notice to Produce

Legal Issues

  1. 1 ['Whether plaintiff should be given access to documents produced in accordance with the notice to produce' 'Whether the notice to produce demonstrates a legitimate forensic purpose']

Ratio Decidendi

The documents sought in the notice to produce do not bear upon any remaining issue in the appeal, given the first foster carer is no longer caring for the children, and the defendants will not propound the first carer for future care; therefore, access to the documents is denied for lack of legitimate forensic purpose.

Court Disposition

Plaintiff's application for access to the documents under notice to produce is denied.

Orders

  • ["Set aside the plaintiff's notice to produce documents dated 20 March 2019." 'List the question of disposition of costs together with the hearing of these proceedings.']