The High Court in Hearne v Street [2008] 235 CLR 125
confirmed that documents provided by a party to proceedings under
compulsion (pursuant to court orders, by way of discovery or other
compulsory court processes) are subject to an 'implied
undertaking' given to the court by the party receiving the
documents not to use the documents for any purpose other than
litigation. The use of such documents for an ulterior purpose
constitutes a breach of the 'implied undertaking'.
It was held by Hayne, Heydon and Crennan JJ in Hearne v
Street (2008) at [96] that "where one party to litigation
is compelled, either by reason of a rule of court, or by reason of
a specific order of the court, or otherwise, to disclose documents
or information, the party obtaining the disclosure cannot, without
the leave of the court, use it for any purpose other than that for
which it was given unless it is received into evidence..."
