Understanding the Harman Undertaking in Family Law Cases

harman undertaking | Justice Family Lawyers

In Australian family law, the privacy of sensitive information shared during court proceedings is crucial. But how can you be sure that personal details, such as financial records or medical reports, won’t be misused? This is where the Harman Undertaking is used. It is a legal safeguard that ensures documents disclosed during a case are used solely for that case, and nothing else.

What is the Harman Undertaking? Why is it important, and what happens if it is breached?

I. What is the Harman Undertaking in Australian Family Law?

Named after the English case Harman v Secretary of State for the Home Department (1983), this rule ensures that any information or documents shared between parties in a family law case are used only for that specific case and not for any other purpose.

When one party provides documents as part of the legal discovery process, they are protected under the Harman Undertaking. This means the receiving party cannot share, publish, or use these documents outside the context of the current court proceedings. The undertaking plays a critical role in ensuring privacy and fairness, particularly when personal or confidential information is disclosed. For example, financial documents, medical records, or business details shared in a divorce or child custody case, must all remain confidential.

By enforcing the Harman Undertaking, the court ensures that sensitive information is not exploited for reasons unrelated to the case. This is particularly important in family law, where personal matters are often at the forefront, and children are sometimes involved.

II. When Does the Harman Undertaking Apply in Family Law Cases?

The Harman Undertaking applies whenever a party discloses documents or information to the other party or the court during a family law case. These disclosures are often made through court orders, subpoenas, or as part of the discovery process, where each side provides information that may be relevant to the case.

For example, in a property settlement, one party may be required to disclose their financial assets, bank statements, or business records. Similarly, in a custody dispute, personal records such as medical reports or school records may be shared. In both situations, the Harman Undertaking ensures that this information is only used to resolve the current legal dispute and not for any other purpose.

Even if the case is resolved, the documents and information disclosed remain protected under the Harman Undertaking. This prevents any attempts to use the documents for another legal case, business reasons, or personal revenge. It also provides parties with the reassurance that their sensitive information will not be misused once the case is over.

Also Read: Property Settlement After Divorce Australia

III. What Are the Legal Obligations Under the Harman Undertaking?

Under the Harman Undertaking, a party who receives documents during family law proceedings is obligated to use the information solely for that case. This means that they cannot share the documents with anyone outside the case or use them for any other purpose, such as publishing them, using them in other legal matters, or sharing them with third parties like employers or the media.

A clear example of this obligation is if one party receives financial records during a divorce case. They are legally prohibited from sharing those records with anyone outside the case, such as business competitors or the public, even after the divorce is finalised. The obligation extends to lawyers and any other professionals involved in the case, who are also bound by the undertaking.

Failure to adhere to this obligation can result in serious legal consequences, as it undermines the privacy and integrity of the legal process. The court relies on the Harman Undertaking to ensure that all parties feel secure in disclosing necessary information without the fear that it will be misused later on.

IV. Can Information Covered by the Harman Undertaking Be Shared?

Generally, information protected by the Harman Undertaking cannot be shared or used outside the context of the family law case it was disclosed in. However, there are certain exceptions where information may be shared legally.

One such exception is if the court grants permission to share the information. For instance, if a party wishes to use the documents in another legal case, they may apply to the court for an order allowing them to do so. The court will consider whether it is fair and reasonable to allow the information to be used in another context.

Another exception is if the information has already entered the public domain through legal processes, such as being published in a court judgment. In this case, the Harman Undertaking no longer applies, and the information can be freely shared.

It is also important to note that if both parties agree to share the information outside the case, they can apply to the court for a variation of the Harman Undertaking. This would allow the disclosed documents to be used for purposes beyond the original case.

However, if a party breaches the Harman Undertaking without the court’s permission or agreement, they may face legal consequences, including fines or other sanctions.

V. What Happens if a Party Breaches the Harman Undertaking?

Breaching the Harman Undertaking can lead to serious consequences, both legally and personally. If a party is found to have used or shared protected documents outside the context of the case without permission, they may be held in contempt of court. This is a serious offence that can result in penalties such as fines, legal costs, or even imprisonment in extreme cases.

For example, if someone shares confidential financial records with the media or posts them on social media, they could face legal action for violating the Harman Undertaking. The other party can seek remedies through the court, which may order the offending party to pay damages or legal costs.

Additionally, a breach of the undertaking can harm a party’s standing in the family law case. If the court finds that one party has acted in bad faith by breaching the Harman Undertaking, it may affect their credibility and the outcome of the case. For instance, a breach in a child custody case could negatively impact the court’s view of the offending party’s behaviour and judgment.

Overall, the penalties for breaching the Harman Undertaking are designed to uphold the integrity of the court system and protect the privacy and fairness of legal proceedings.

Protect Your Rights in Family Law with Justice Family Lawyers

Understanding the Harman Undertaking is essential when navigating family law proceedings in Australia. It safeguards your sensitive information and ensures that documents disclosed during the case are used only for resolving that specific legal matter. If you’re involved in a family law case and concerned about the disclosure of personal documents, it’s important to work with an experienced family lawyer who can protect your interests.


At Justice Family Lawyers, we have the expertise to guide you through the complexities of family law and ensure your privacy is maintained throughout the legal process. Contact us today for personalised legal advice and to safeguard your rights.

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