Tahana v Hines [2021] NSWSC 564 (on Caselaw) is of interest for its consideration of the circumstances in which a Court may exercise its discretion to make an order that a claimant provide to a defendant an authority, permitting the defendant access to the claimant’s Centrelink records.
Such an order was made in this case, with some general comments made at [16] – [18]:
It has occasionally been said by this and other Courts that a plaintiff who seeks substantial damages from a defendant based on a loss of income should be prepared to expose his or her financial affairs to the Court as part of the claim. However there are limits and I agree with the defendants that it would not be appropriate to make the orders sought unless there is a legitimate forensic purpose in requiring the plaintiff to authorise release of the information from the Department, which the defendants suggest there is. Plainly, an order shall not be made in circumstances in which the defendant is simply engaged in what is conventionally known as a fishing expedition.