The Court held that a manager appointed under s 336 of the Legal Profession Uniform Law is entitled to access a former practitioner's email account used for law practice business, even where that account also contains personal emails, subject to undertakings by the manager and his staff to keep non-practice emails confidential. The Court rejected arguments that the manager must personally conduct all administrative tasks, holding that delegation of fact-gathering work to employed solicitors is permissible and that such employees can be adequately constrained by professional obligations and undertakings to the Court. The Court also varied a prior production order to relieve the defendant of producing bank statements already obtained by the manager via a s 361 statutory notice, finding the earlier affidavit evidence incomplete on this point but declining to disturb the underlying costs order.
The full text is available to signed-in members, including the 1 later case that cites this judgment.