Marsden v Amalgamated Television Services Pty Limited

HIS HONOUR: A subpoena has been issued by the plaintiff and served upon the proper officer of the Board of Studies for production of documents in relation to the witness Jason Stevens.

The subpoena has been answered by the Board of Studies providing the material sought by the subpoena, being a Record of Achievement. Accompanying the material provided is a communication from the Director of Finance and Administration drawing my attention to cl 5 of the Education Regulations 1996 and to judgments delivered by me in the matter of Carroll and others v Nationwide News Pty Limited on 11 June 1999.

Without going into the question of whether or not Mr Stevens can be taken in his evidence, either in chief or cross-examination, to have consented to the disclosure as required by the regulation, it is not inappropriate in the circumstances that the certificates produced by the subpoenaed party be available for inspection by the legal advisers only at this stage for each side.

It seems to me that it is not so much the contents in relation to academic achievement that may be relevant but rather the year in respect to which the certificates relate.

If the document is sought to be deployed in evidence, then I will make an order that there be non disclosure of the contents of the certificates for the relevant year, unless I am persuaded otherwise. I will hand those documents down to the plaintiff.