Gris (a pseudonym) v Avila [2019] NSWDC 132

District Court New South Wales

Medium Neutral Citation: Gris (a pseudonym) v Avila [2019] NSWDC 132 Hearing dates: 21 March 2019 Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The two notices of motion filed by the applicant defendant on 27 February 2019 seeking access to the client files of Leckie Law and the files of the Family Court of Australia are dismissed;

2. The applicant defendant is to pay the respondent plaintiff's costs of each of the dismissed motions on the ordinary basis unless otherwise ordered;

3. After the expiry of 28 days the Registrar is to return all files produced by the Family Court of Australia to that Court and notify that Court of these orders;

4. After the expiry of 28 days the Registrar is to return all files produced by Leckie Law to that firm and notify that firm of these orders;

5. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: CIVIL PROCEDURE – notices of motion – objection to inspection of privileged documents comprising a solicitor's file – objection to inspection of documents produced by the Family Court of Australia – consideration of client legal privilege pursuant to s 122 of Evidence Act 1995 – contested notices of motions seeking access to documents protected by client legal privilege and by s 121 of the Family Law Act 1975 Legislation Cited: Compensation to Relatives Act 1897 (NSW), s 6B Court Suppression and Non-publication Orders Act 2010 (NSW), s 7, s 8 Evidence Act 1995 (NSW), s 117, s 118, s 119, s 122, s 123 Family Law Act 1975 [Cth], s 121 Uniform Civil Procedure Rules 2005 (NSW), r 1.8, r 13(3), r 33.4, r 33.9, r 33.13 Cases Cited: A v Z [2007] NSWSC 899 Baker v Campbell (1983) 153 CLR 52; [1983] HCA 39 Botany Bay Instrumentation & Control Pty Limited v Stewart [1984] 3 NSWLR 98 DSE (Holdings) Pty Limited v Intertan Inc (2003) 127 FCR 499; [2003] FCA 384 Lisa Kaye O'Donoghue v Jet Fighter Flights Pty Ltd (in liq) [2013] NSWDC 781 NSW Commissioner of Police v Tuxford [2002] NSWCA 139 Portal Software v Bodsworth [2005] NSWSC 1179 R v Saleam (1989) 16 NSWLR 14; [1999] NSWCCA 86 The Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Thomason v The Council of the Municipality of Campbelltown (1939) 39 SR(NSW) 347 Category: Procedural and other rulings Parties: Honey Gris (Plaintiff/Respondent) Manuel Adrian Aranibar Avila (Defendant/Applicant) Representation: Counsel: Mr N Broadbent (Plaintiff/Respondent) Mr S Downing (Defendant/Applicant)