Subpoena for mandatory report documents

Behrens v Herlihy (NSWSC 22 June 2017; Registrar Bradford) is a decision not yet available on Caselaw. It may be the first decision referring a subpoena issued (by a plaintiff) upon the Medical Council of NSW for production of mandatory report documents (in respect of a defendant) under section 140 of the Health Practitioner Regulation National Law (NSW) No 86a.

The issues on hearing of the defendant’s motion to set aside the subpoena focused on whether there was a legitimate forensic purpose for access to the documents, given matters remaining in issue after the filing of a defence.

The defendant did not argue that the documents were protected by any particular aspect of the mandatory reporting regime.


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