An update on the Harman obligation and the use of documents obtained in claims and legal proceedings
Presented by Antonia Rose and Susanna Khouri
Understand the Harman obligation, who it binds, and the consequences of misuse of litigation documents, plus practical guidance from recent cases.
The Harman obligation is an important legal principle which limits the use of documents obtained in the course of litigation. The use of documents obtained in the course of litigation for the purpose of other litigation or purposes arises commonly in practice. Breach of the obligation can have serious consequences.
In this presentation, Susanna and Antonia will:
- discuss the history of the Harman obligation and its development in Australia
- consider who is bound by the obligation and the nature of "compulsion"
- outline the types of documents and proceedings to which the obligation applies
- discuss the consequences of breach and how to seek relief
- consider the operation of the obligation in an insurance context and recent caselaw.
See presentations slides here.
This is commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.