In AAI Limited t/as GIO v Williams [2026] NSWPICMP 414, the claimant alleged that he sustained both physical and psychological injuries in a motor vehicle accident on 25 May 2023. Independent medical assessment were scheduled to determine the extent of any permanent impairment.
Ahead of those assessments, the insurer sought leave to issue a Direction for Production to the Commonwealth Bank seeking the claimant’s bank statements and credit card records. The claimant objected to the application, requiring the Personal Injury Commission to determine whether leave should be granted.
The Commission’s Decision
In determining the application, Principal Member Harris applied the principles established by the NSW Court of Appeal in Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145.
The Member confirmed that the relevant question is not whether the document will ultimately prove an issue in dispute, but whether they are “apparently relevant” to the proceedings such that there was a legitimate forensic purpose for the production. Documents may satisfy that requirement where they are capable of materially assisting an identified issue, providing a legitimate basis for cross-examination or going to matters of credit, even if they are not ultimately admissible. Further, a party’s inability to demonstrate that the documents are likely to assist its case does not necessarily mean that the documents are not sought for a legitimate forensic purpose.
Applying these principles, the Member was satisfied that the insurer had established the necessary forensic basis for production. As the claimant was to undergo a psychiatric assessment for whole person impairment, the requested bank and credit card records were considered apparently relevant to a number of categories under the Psychiatric Impairment Rating Scale (PIRS), including self-care and personal hygiene, travel, social and recreational activities, social functioning, concentration, persistence and pace and adaptation. For example, the Member noted that purchases of petrol may assist in assessing the claimant’s ability to travel, while expenditure on food may provide insight into their level of self-care. The records were also capable of assisting with an issue concerning the claimant’s pre-accident employment, including whether wages were being deposited into the account
Accordingly, the Member found that the requested documents met the threshold of apparent relevance and granted leave for the insurer to issue the Direction for Production.
Key Takeaways
- The threshold for granting leave to issue a Direction for Production is apparent relevance, rather than proof that the documents will ultimately establish an issue in dispute.
- Documents may be sought for a legitimate forensic purpose where they may materially assist an identified issue, provide a basis for cross-examination, or relate to matters of credit, even if they are not ultimately admissible
- A party seeking production does not need to demonstrate that the documents will determine the outcome of the proceedings.
- Banking and credit card records may be apparently relevant to the assessment of psychological impairment where they may assist in evaluating functioning under the PIRS.
- Objections to Directions for Production must be supported by a proper legal basis. General objections to producing banking records will not necessarily prevent production where the documents may assist in resolving issues in dispute.
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