What is a Harman Undertaking in Criminal and Family Law cases?

Harman undertaking or obligation arises when documents are obtained from compulsory court processes, there's an implied undertaking or obligation to the court that the documents will only be used for purposes for which they were disclosed and not for collateral purposes unless the court grants leave.

A simple example for criminal lawyers is where the alleged victim's evidence given in Family Court proceedings are relevant in the existing criminal case that can help the defence case to prove a client's innocence. This often arises in domestic violence assault and AVO cases.

It may also arise in family law court proceedings where the other party has or is going through criminal proceedings which are relevant to family court proceedings. This is often used in child custody disputes.