Supreme Court
Decision Information
Abstract: Application to appeal Territorial court Order relieving counsel for one of the parties from an "implied undertaking". Counsel had been permitted to view the records held by the Department of Social Services not to use the information in any other proceeding. The Territorial Court judge had relieved counsel of the undertaking. The Superintendent of Child welfare appealed on the basis that is a statutory privilege that extended to not just documents filed with the court but to all documents disclosed to counsel in these proceedings and that there is an implied undertaking not to use any documents in any other proceeding. Disclosure was precluded by virtue of the statutory privilege but such information may form the basis from which to issue subpoenas in the other proceedings. The witness may be entitled to claim privilege but such claims are to assessed within the context of the entire case. Implied Undertaking rule not applicable given that the interest of justice, being synonymous with the interests of the children should not exclude relevant and helpful evidence.
Decision: Appeal Dismissed
Subjects: Family law - Children - Child protection