Category Archives: s. 126E

Director-General, Dept of Community Services v D [2006] NSWSC 827 (17 August 2006)

[2006] NSWSC 827

FAMILY LAW – Adoption – EVIDENCE – Privilege – Protected Confidences – where birth mother has made confidential statements to medical practitioner whose report she relies on – where report relies on those confidences – whether access should be refused – where issue is welfare of a child – where confider has forensically deployed the confidences via medical report – where disclosure necessary to scrutinise expert opinion which relies on them – Client legal privilege and litigation privilege – where some communications for purpose not of litigation but securing appropriate care – Waiver – where report refers generically to file but privileged entries not reasonably necessary to understand report – where some privileged communications are instructions to expert for report which has been served – INTERROGATORIES – where parties other than birth mother contend that child is settled and thriving with proposed adoptive parents and there is no contrary evidence – where applicant birth mother unaware of respondent proposed adoptive parents’ and child’s circumstances – where interrogatories seek to identify witnesses from whom documents might be subpoenaed bearing on circumstances of proposed adoptive parents and child – whether parenting capacity of proposed adoptive parents is a real issue – whether proposed interrogatories relate to a real issue in the case – whether fishing – whether necessary.

Evidence Act 1995 (NSW), ss 118, 119, 122, 126, 126A, 126B, 126E