WJT v Trustees of the Marist Brothers & Trustees of the Roman Catholic Church for the Diocese of Parramatta [2024] NSWSC 983

WJT v Trustees of the Marist Brothers & Trustees of the Roman Catholic Church for the Diocese of Parramatta [2024] NSWSC 983

The Plaintiff is granted access to unredacted documents and to six pages of unredacted counselling records subject to confidentiality terms modeled on Storer Orders, restricting use or further disclosure of identifying information without further Court leave. Suppression orders are made protecting the Plaintiff’s identity, as justified by necessity to protect the proper administration of justice and the Plaintiff’s safety. Each party is to bear its own costs.

Jurisdiction
Australia
Judgment Date
08 August 2024
Procedural Posture
Civil / Procedural/interlocutory Rulings
Outcome
Plaintiff granted access to documents subject to terms; suppression orders made; costs in the cause/each party bears own costs
Legal Topics
['subpoena Compliance' 'suppression of Identity' 'access to Documents' 'confidentiality/protected Information']
['civil Procedure' 'suppression Orders'] ['subpoena Compliance' 'suppression of Identity' 'access to Documents' 'confidentiality/protected Information']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Procedural/interlocutory Rulings

Legal Issues

  1. 1 ['Whether unredacted documents produced in answer to subpoenas should be disclosed to the Plaintiff and if so, on what terms' "Whether limited suppression orders should be granted to protect the Plaintiff's identity" 'Whether redactions to produced documents were justified/privileged']

Ratio Decidendi

The Plaintiff is granted access to unredacted documents and to six pages of unredacted counselling records subject to confidentiality terms modeled on Storer Orders, restricting use or further disclosure of identifying information without further Court leave. Suppression orders are made protecting the Plaintiff’s identity, as justified by necessity to protect the proper administration of justice and the Plaintiff’s safety. Each party is to bear its own costs.

Court Disposition

Plaintiff granted access to documents subject to terms; suppression orders made; costs in the cause/each party bears own costs

Orders

  • ["Plaintiff's Notice of Motion dated 27 May 2024 dismissed." 'General access to subpoena packets S-9 (First Defendant) and S-14 (Second Defendant) granted under UCPR 33.8.' 'Confidentiality terms imposed on access to subpoena packets S-12 and S-13 (counselling records): access limited to parties, solicitors, and...