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ARTICLE · 20 SEPTEMBER 2024

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Protecting Confidentiality in Mediation: The Gazal v Setiawan and Topaloglu Case Study

This case serves as a reminder to restrict the use of litigation-obtained information to its intended purpose.

AustraliaLitigation, Mediation & Arbitration

The Gazal v Setiawan and Topaloglu case underscores the importance of protecting confidentiality in mediation. It involved a family dispute over valuable watches, where the improper disclosure of their values led to legal repercussions. This case serves as a reminder to restrict the use of litigation-obtained information to its intended purpose.

Case Background

The case involved a family dispute involving several valuable watches. The value of the watches had not been disclosed in the litigation until the service of the plaintiff's mediation position paper. The respondent then disclosed those values to a person who worked for the Department of Taxation. The Department of Taxation then commenced proceedings against the plaintiff.

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