“Apparent Relevance” – Defining The Legal Test Of Legitimate Forensic Purpose

In Brief

• Documents may have a legitimate forensic purpose if they are “apparently relevant” to the issues in the proceedings.
• Bank and credit cards records have an apparent relevance to multiple categories on the Psychiatric Impairment Rating Scale.

Facts

The decision in AAI Limited t/as GIO v Williams [2026] NSWPICMP 414 was delivered on 15 June 2026 and published on 26 June 2026.

The Claimant alleged physical and psychological injury following a motor accident on 25 May 2023. The Commission arranged a number of medical assessments to assess the permanent impairment arising from injuries caused by the accident.

The Insurer sought leave to serve a Direction for Production on the Commonwealth Bank of Australia seeking production of bank statements and credit card records. The Claimant refused to provide his consent.