QLD Restrictions on Subpoenaed Documents

[Dwayne Harry]

I am enquiring as to the "legal" interpretation of subpoenaed Medical Reports.
I have two extremely important cases at the moment that both intertwine. Family Law and Civil Law.
I require the subpoenaed Medical Reports for both cases. Family Law; this is my highest priority as it will allow me to regain contact with my Children whom I haven't seen or spoken to in over two and a half years and I love them more than anything.

Civil Law; this is for my lawsuit against the Hospital that misdiagnosed me and will also be extremely important in my appeal against my Domestic Violence conviction as it will prove that my former spouse has lied on her affidavits.

I have a lot going on at one time!!!!

So, back to my main query. In regards to restrictions the law states:
"A person must only use documents for the purpose of the case and must not disclose the contents or give a copy of any documents subpoenaed to any other person (except the lawyer representing them in the case) without the permission of the court."

My query is; as the subpoenaed documents are for the purpose of Family Law prodeedings, am I able to obtain permission from the court to use the same documents in Civil and/or Criminal proceedings. If so, how should I do this?

Any advice is greatly appreciated.

 

[Rod]

Trying asking the court's permission in the civil case. Give them the background and see how you go. Nothing ventured nothing gained.

Don't send in the actual documents, send in the other court orders with a statement as to why you believe the information is relevant to your civil case and ask for permission to be able to use the documents in the civil case.

 

[Tim W]

There are two aspects.
One is the leave of the court in which you originally subpoenaed the material.
They may or may not give you leave ("permission").

The other is whether or not the Family Court will admit material obtained for one purpose as proof of other matters.
Although not bound by the Rules of Evidence to quite the same extent as other courts,
the Family Court will consider closely the relevance and probative value of the "second hand" material.

 

[Lennon]

Why don't you subpoena a copy in both proceedings?

If you subpoena documents in the Family Court and want to use them for a secondary purpose, you need to file an application in the Family Court (not the court where you want to use them) for leave to use them for the secondary purpose.