Leave under s 32C of the Evidence (Miscellaneous Provisions) Act 1958 (Vic) is required before issuing a subpoena for documents disclosing confidential communications made by a sexual assault complainant to a treating medical practitioner or counsellor. Service of an expert report from the treating practitioner does not constitute waiver of the statutory protection under Division 2A. The leave criteria under s 32D may be assessed as premature where evidentiary issues have not yet crystallised, and the application may be renewed at a later stage of proceedings.
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