HM v Sister Mary Monaghan [2024] VSC 257 (Link to AustLII).
In an historical sexual abuse claim, the defendant sought general discovery of the plaintiff’s clinical records from a medical practice (‘clinical records’) pursuant to the Supreme Court (General Civil Procedure) Rules 2015 (‘Rules’) or, in the alternative, leave to compel their production pursuant to s 32C of the Evidence (Miscellaneous Provisions) Act 1958 (Vic) (‘EMP Act’).
The parties agreed that the clinical records contain ‘confidential communications’ as defined in pt II div 2A of the EMP Act. The only issue to be resolved is whether, in circumstances where the plaintiff consents, the defendant is required to apply under s 32C of the EMP Act for leave to compel production of the clinical records.
In a decision on the papers, the court held that in circumstances where the plaintiff had given her consent, it was not necessary to grant leave under s 32C(1) of the EMP Act to compel production of the clinical records.
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