Crawford & Sisinis and Anor 2014 FamCA 912
Parents of a child aged 12 years referred the child to an assessing psychologist following their separation…
A couple had been in dispute about a property matter and the wife’s firm of lawyers issued a subpoena to obtain confidential information. The husband submitted that this was a classic example of “fishing” as the firm did not know the answers and was seeking to build a case. The judge found that the privilege of confidentiality belongs to the client, and a solicitor is bound by the privilege of confidentiality unless and until such time as the privilege is waived either impliedly or expressly.
The judge found that “fishing” can be argued where the pursuit of information is random, is unguided or the pursuer has no case but seeks to build a case. However in this case the firm knew what it was looking for to fill in the missing details.
The judge ruled that the husband provide information requested in the subpoena.
Parents of a child aged 12 years referred the child to an assessing psychologist following their separation…
A child aged 9 years attended a course of attachment therapy provided by an agency to…
Two parents attended a family counselling session at an agency and later consented to documents about…
A trial judge ruled that while documents produced by a subpoena were inadmissible evidence they could be…
The case involved three children aged 8, 6 and 4 years. The father alleged that…
Twins aged 12 years lived with their mother. The father alleged that the mother tried to…