Graham v Colonial Mutual Life Assurance Society Limited [2013] FCA 1213

FEDERAL COURT OF AUSTRALIA

Graham v Colonial Mutual Life Assurance Society Limited [2013] FCA 1213 Citation: Graham v Colonial Mutual Life Assurance Society Limited [2013] FCA 1213

Parties: CHERYL ANNE GRAHAM v COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED (ACN 004 021 809)

File number: WAD 520 of 2011

Judge: MCKERRACHER J

Date of judgment: 18 November 2013

Catchwords: DISCOVERY – application by respondent insurance company to inspect a Family Court of Western Australia file sent to the Federal Court pursuant to r 24.24 of the Federal Court Rules 2011 (Cth) upon a request by a Registrar – where insurance company avoided paying a life insurance policy pursuant to s 29(2) of the Insurance Contracts Act 1984 (Cth) on the grounds of fraud – pleaded non-disclosure of existing medical conditions – whether the insurance company had a proper interest in inspecting the Family Court file concerning a child custody dispute between the deceased and his former wife – applicable principles governing inspection of Family Court files – whether legitimate forensic purpose – confidentiality – whether application a 'fishing expedition' – where permission of the surviving party to the Family Court proceeding not sought – whether there would be utility in permitting inspection

Legislation: Family Law Rules 2004 (Cth) r 24.13 Federal Court Rules 2011 (Cth) r 24.24

Cases cited: Commissioner of Taxation & Darling [2013] FamCA 118 Hillston v Bar-Mordecai [2002] NSWSC 973 In the Matter of Proceeding No. 291 of 1944 [2006] VSC 50 In the Matter of Proceeding No. 1496 of 1956 [2010] VSC 192 In the Matter of Proceeding No. 1342 of 1958 [2010] VSC 291 Oates & Q [2010] FamCAFC 202 Thornton & Workcover Corporation of South Australia [2009] FamCA 449