ARTICLE · 22 AUGUST 2019

Social media footprint just grew a size

Colin Biggers & Paisley

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Insurer successfully establishes legitimate forensic purpose for issuing notice to produce all her Facebook records.

AustraliaInsurance

Felicity Parkhill

James Antonenas

In brief - Insurer successfully establishes legitimate forensic purpose for issuing notice to produce Facebook records

Arising in the context of a Total Permanent Disablement (TPD) insurance claim, Gavan v FSS Trustee Corporation [2019] NSWSC 667 found for compliance of a notice to produce issued on "all records" from the plaintiff's Facebook account. The ruling found that issuing a notice to produce on the plaintiff's Facebook records must be complied with if there is a legitimate forensic purpose behind issuing the notice.

In this instance, the plaintiff alleged that she was unable to return to work due to her mental health state and the severity of her condition. The Judge ruled that it was reasonable for the defendant to test the plaintiff's claim by seeking reference to her social activity on Facebook and comparing it with the veracity of the claimed severity of her symptoms that limit her from returning to work. Noting that whilst the notice to produce

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