Smith v Jones (pseudonyms) [2017] NSWSC 980

Supreme Court New South Wales

Medium Neutral Citation: Smith v Jones (pseudonyms) [2017] NSWSC 980 Hearing dates: 16 June 2017 Decision date: 20 June 2017 Jurisdiction: Common Law Before: McCallum J Decision: Subpoena to Bravehearts Foundation set aside; plaintiff to pay Bravehearts Foundation's costs of the application. Catchwords: PRACTICE AND PROCEDURE – subpoenas – application to have subpoena set aside – proceedings for defamation raising an issue of fact as to whether the plaintiff sexually assaulted his son – subpoena issued by the plaintiff to a welfare organisation that had studied the experience of victims of sexual assault with the Family Law system – plaintiff seeking to obtain documents relating to that organisation's consideration of the son's story – public interest in protecting confidential information in the case of organisations which rely upon confidentiality for their very existence Legislation Cited: Evidence Act 1995 (NSW), s 126B Uniform Civil Procedure Rules 2005 (NSW), r 33.4(1) Cases Cited: Crawford v Sisinis [2014] FamCA 912 Goldy v Goldy (No 2) [2011] FamCA 418 Patonga Beach Holdings Pty Limited v Lyons [2009] NSWSC 869 Category: Procedural and other rulings Parties: xx Representation: Counsel: C Dibb (plaintiff) S Chrysanthou (defendants) E Muston SC, J Granger (for Bravehearts Foundation - applicant)

Solicitors: Capital Lawyers (plaintiff) Kalantzis Lawyers (defendants) Clayton Utz (applicant) File Number(s): 2016/85803 Publication restriction: The parties are referred to by pseudonyms in this judgment. No non-publication order has been made in these proceedings. However, pseudonyms are necessary having regard to the prohibition contained in s 121(1) of the Family Law Act 1975 (Cth).