WA Possible to Object the Subpoena of a Strictly Confidential Document?

[Unknown entity]

Hi all,

A person was ordered by family court to attend a psychological assessment as part of a family court case involving children.

On completion of the assessment between psychologist and person ordered, a report was developed by psychologist and issued to court, which was marked as being a Strictly Confidential document.

An opposing lawyer has an option to subpoena this psychologist document. If the opposing lawyer is granted court acceptance to proceed and issue the subpoena on the person having participated in the assessment, is there any reasonable defence/objections that can be used to prevent the production of this Strictly Confidential document?

If a objection not to produce the report is identified under family law, can a cost order be requested by opposing lawyer if the objection not to produce is rejected by the magistrate?

Surely strictly confidential documents and contained information is deemed to be privileged information and psychologist and patient confidentiality is given consideration for objection.

Thanks in advance.

 

[thatbloke]

Not that I can make any sense of what you are saying, but generally, anything can be subpoenaed. It does not matter if it is marked "for viewing by the queen of mars". That is the whole idea of subpoenas, to get important information into cases!

Now, you probably have zero chance of refusing another lawyer or a party to a case that is legally qualified to view the document, but you have good chance if a party is self-represented. What are you trying to hide?

 

[AllForHer]

All documents filed in a case must be made available to all parties.

What's the relevance of the person ordered to undertake the assessment? Are they a respondent or applicant?

 

[Unknown entity]

Thanks all for the kind replies, sincerely appreciate the effort in responses you all provide a wonderful forum of information and learning.

The individual was a dad (Responder) ordered by family court to undergo a Communicare assessment. The case was alleged to have involved family violence but Child Protection and police (detectives) have since cleared all allegations made against dad. Letter of no maltreatment and/or likelyhood of no maltreatment was provided to dad by child protection. Police after investigation stated allegations had been motivated by revenge.

The Communicare report identified as being strictly confidential is being requested by way of subpoena as a fishing exercise to try and justify extreme family breakdown in order for neighbour (stranger to dad and also being the applicant) to gain child support benefits from dad.

Dad took stranger to court to recover $8750.00 in child support overpayments after the Administrative Appeals Tribunal found in favour of dad and stranger not being an eligible non parent carer. Stranger on AAT findings still refuses to repay child support overpayments thus, dad having to take stranger to family court.

Strangers lawyer is seeking the Communicare report to support strangers case of extreme family breakdown. Communicare report was provided by stranger to AAT during trial, providing this document to AAT placed stranger in breach of family law act S121 and should also be founded to be in contempt of court as leave of court was not sought.

Although stranger has the report, Lawyer now has to formalise the process in attaining the document now being by way of subpoena.

 

[AllForHer]

Okay, so what's in the report? Anything to support the other party's case?

 

[Unknown entity]

No, it is the principle of trust that I have an issue with, which when related to the family court has been broken.

How can anyone place confidence in a court order to attend a phycological assessment when being honest will result in the opposing lawyer using information against you in anger.

Had I of know that my inner and most personal feeling shared in confidence with a phycologist was to be used for ulterior purposes by opposing lawyer, I would have said no comment through out the session to all questions asked.

Family court let’s people down when they fail to tell those ordered what could happen (Subpoena) with information given in confidence.

As a word of caution to anyone being ordered to attend a phycological assessment, think defensive as information told in confidence will/could be used against you.

Does the court not suffer in being an effective model by not protecting privacy, after all who would play ball knowing that they are signing their information into the hands of an opposing lawyer.

 

[Rod]

You object to the release of the information requested by the subpoena quoting s121 and the confidential nature of the report. Has the subpoena been issued?

 

[Unknown entity]

Thanks Rob, this is really valuable information and sincerely appreciated your valued contribution and will work on drafting my objection response.

I just hope when objecting I am not held liable for cost Orders by opposing lawyer as it would seem to me that one very rarely opposes a subpoena.

No the Subpoena has not been issued yet but was raised verbally of intention by opposing lawyer at hearing, the magistrate stated that he may/or may not approve which took me back a little.

 

[AllForHer]

You can try and object to the subpoena on grounds that the documents requested are privileged. I don't know if you'll succeed, but I think you'll have a higher likelihood of success with that reasoning rather than with s121 or on principle.

Just FYI, subpoenaed documents aren't submitted to the requesting party, they're submitted to the Court.

 

[Rod]

the magistrate stated that he may/or may not approve which took me back a little.

In what court was this?

BTW, you may be able to claim additional grounds such as relevance, but I'm no expert in how to object to subpoenas. I think, but am not sure, this relates to someone attempting to use a subpoena to get around fishing restrictions.