Providing hardcopy reports to a counsellor unlikely to infringe copyright
Peter Heerey AM, QC, Tom Cordiner & Alan Nash
Correspondents for South Australia, Victoria and Western Australia
Note: Where any of the barristers were involved in a case reported below and the matter is still running, or potentially so, the other correspondents have taken the role of reporting that case.
Caffell & Falcon  FamCAFC 34 (26 February 2014)
The appellant in a Family Court matter sought to challenge the trial judge’s reliance on the report of a psychologist. Although his report primarily was based on his counselling sessions with the parties and their child, the psychologist also may have been provided with, and read, reports given to him by the respondent. The appellant contended that in so doing, the respondent had breached the Copyright Act. In considering whether that translated into an appellable error on the part of the trial judge, the Court described the appellant’s claim as “specious”.