GAC v Trustees of the Marist Brothers [2024] NSWSC 1225

Supreme Court New South Wales

Medium Neutral Citation: GAC v Trustees of the Marist Brothers [2024] NSWSC 1225 Hearing dates: 30 September 2024 Date of orders: 01 October 2024 Decision date: 01 October 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Grant leave to the applicant to file in Court an Amended Notice of Motion dated 30 September 2024. (2) Access to the documents produced in subpoena packet S15 (the Documents) be limited to the solicitors and counsel who are retained to act for each of the parties to the present proceeding. (3) With respect to such access by solicitors and counsel, that any inspection of the Documents be limited to the parties, instructed solicitor and counsel. (4) Each party, solicitors and counsel will not further use or disclose the identifying details, being the names, addresses, telephone number or other confidential details of complainants other than the plaintiff without leave of the Court first being granted. (5) Any reference to a document in evidence which refers to the plaintiff by name shall utilise the pseudonym GAC instead of the plaintiff's name. (6) GAC must bear the insurer's costs, as agreed or assessed. Catchwords: CIVIL PROCEDURE — subpoenas — to produce documents — production of documents by third party insurer — where similar documents produced by defendants subject to confidentiality order — whether confidentiality order ought be extended to documents produced by insurer Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Cases Cited: GAC v Trustees of the Marist Brothers & Trustees of the Roman Catholic Church for the Diocese of Parramatta [2024] NSWSC 980 Storer v State of New South Wales [2023] NSWSC 1043 WJT v Trustees of the Marist Brothers & Trustees of the Roman Catholic Church for the Diocese of Parramatta [2024] NSWSC 983 Category: Procedural rulings Parties: Proceedings 2023/185560 GAC (Plaintiff) The Trustees of the Marist Brothers (First Defendant) The Trustees of the Roman Catholic Church for the Diocese of Parramatta (Second Defendant) Notice of motion heard 30 September 2024 Catholic Church Insurance Limited (Applicant) Representation: Counsel: C Coventry (Applicant) G Choat (Plaintiff) Solicitors: Barry Nilsson Lawyers (Applicant) Koffels Pty Ltd (Plaintiff) File Number(s): 2023/185560 Publication restriction: N/A