Court clarifies right to record forensic psychiatric assessments

If you're involved in a legal dispute that requires the assessment of a forensic psychiatrist, a recent court ruling has clarified your right to record these sessions.

In the case of Hollingsworth v State of NSW [2023] NSWDC 46, a ruling established a precedent that affects the ability of plaintiffs to record their assessment sessions with expert forensic psychiatrists appointed by the defendant.

The case clarifies that under Uniform Civil Procedure Rules (UCPR) Sch 7, cl 5(c), plaintiffs have permission to make a sound recording of the entire assessment session.

However, this permission is subject to the condition that the plaintiff provides the expert with a full copy of the recording. That is only if they receive a request to do so.